Does a divorce contingent on the wife leaving without her husband's permission take effect if the wife leaves based on her own interpretation, knowing that this is the third divorce?
Scholars have differed regarding the occurrence of divorce by swearing an oath of divorce if the condition upon which it was made dependent is met. As for its occurrence due to the wife leaving without the husband's permission, it is conditional on the husband's intention being for her departure for any reason. However, if he intended a specific reason, then his intention is what matters. If there was no intention, then it is considered whether there was a specific reason that prompted the oath; if such a reason existed and ceased before her departure, then the divorce does not occur. This is known as the annulment of the oath or the reason that permitted it. It is advised to be cautious of swearing by divorce due to its consequences. One may refer to the court to resolve disputes in these matters of (independent reasoning).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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