Does a divorce occur if the husband says, "If you leave the house without an abaya, you are unlawful to me," and the wife then leaves the house in prayer garments inside a car for a short distance?
If a husband makes the prohibition of his wife contingent on her leaving the house without an abaya, then the ruling depends on his intention. If he intended her leaving without covering attire, then her leaving with covering attire prevents the oath from being broken. If he intended her leaving with an abaya, then her leaving without it necessitates the oath being broken, and the prohibition takes effect. The preferred view is that prohibition, in this case, refers back to the husband's intention, whether he intended ẓihār, divorce, or an oath. It does not matter whether the departure is for a short distance or a limited period, unless the husband intended that. The wife must adhere to modesty and the according to the Shariah conditions. Both spouses should resolve their problems through dialogue and understanding, and avoid words that could lead to separation.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/171183
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 171183
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy