Is a conditional triple divorce oath sworn by the husband to his wife, "If you touch any other woman, whether lawfully or unlawfully, you are divorced from me by three, O so-and-so, daughter of so-and-so," considered a divorce that takes effect upon the occurrence of either of the two conditions (unlawfully or lawfully), or does it not take effect because it was issued under the threat of revealing a customary marriage?

The majority of scholars hold that a conditional divorce takes effect if the condition it was contingent upon occurs, and that uttering the triple divorce counts as three divorces. This is the prevailing fatwa. However, Sheikh al-Islam Ibn Taymiyyah is of the opinion that a conditional divorce does not take effect if the intention behind it was threat, emphasis, or prevention, and that it can be resolved with an expiation for an oath (kaffarat yamin). He also believes that uttering the triple divorce counts as a single divorce. Accordingly, if the husband does what he made the divorce contingent upon, his wife is divorced with three divorces. His fear of exposing the customary marriage (zawaj urfi) is not considered a valid compulsion. The existence of a second wife does not justify the first wife seeking a divorce unless she had stipulated this in the marriage contract. If the customary marriage (zawaj urfi) means a woman marrying herself without a guardian (wali), then it is invalid. However, if it fulfills the conditions and pillars of marriage, then it is legally valid.