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Does divorce occur if the husband stipulated to his wife that she not see her family except with his permission, and then her father came to her without her knowledge or her husband’s permission, whereupon he divorced her based on that?

1 min readAlso available in العربية

The husband should not have divorced his wife for this reason, as divorce is reprehensible unless there is a need for it, and some scholars have even deemed it forbidden. If the husband divorces his wife, the divorce takes effect in all cases. It is unclear whether the husband initiated another divorce besides the conditional divorce, and it is best for the husband to directly ask a scholar about this. The majority of scholars hold that a conditional divorce takes effect if the condition it was tied to occurs, and this is the fatwa we follow, contrary to Ibn Taymiyyah, who believes it does not take effect if the husband intended it as a threat or similar, and that he would then be liable for an expiation for breaking an oath. We advise reconciliation and return to the marriage, provided a major separation (baynunah kubra) has not occurred, and to use wisdom and gentleness in resolving marital problems.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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