Does a divorce occur if the wife returns to her family after the husband threatens to divorce her?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
A husband does not have the right to prevent his wife from visiting her family without a legitimate Shar'i justification, because doing so constitutes cutting off kinship ties, which is forbidden in Islam. If the husband swears an oath of divorce that his wife will be divorced if she goes to her family, then divorce occurs when she goes to them, according to the majority of scholars. The wife's presence during the oath is not a condition. However, if what he uttered was merely a threat of divorce, then divorce does not occur simply by her visit.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 94871
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy