Does a divorce take place if the husband stipulated to his wife that she should not go to her family's home, no matter what happens to her with his family, and that if she asks to go, she is divorced, then the wife asked to go to her family's home because she could not bear the injustice?
The conditional divorce, contingent on the wife's request to leave, has occurred because the condition it was suspended upon has been met. The husband should have provided the wife with an independent dwelling suitable for her, according to his capacity. The husband can take his wife back before her 'iddah (waiting period) expires, without a new contract or witnesses, unless this was her third divorce. Some scholars are of the opinion that divorce does not occur if the intention was to rebuke and threaten, not to effect a divorce, and an expiation for breaking an oath suffices. However, the view of the majority of scholars is that the divorce does occur.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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