Am I entitled to bring my wife's father on a visit visa without a divorce taking place, knowing that my prior intention was to bring him on a residency visa?
This form of conditional divorce ( mu'allaq) becomes effective upon the occurrence of the condition it is tied to, according to the preponderant opinion. Regarding the conversion of a visit visa to a residency permit, the ruling refers back to your intention:
1. If you intended that your wife's father should not come at all, then the divorce takes effect the moment you sponsor his entry in any capacity. 2. If you intended that he should not come for residency, then he can be sponsored for a visit and return without the divorce taking effect.
If you had no specific intention at all, then consideration is given to what prompted you to make the oath. If the intention was to punish your wife and vex her, and she hoped for her father's residency, then the oath does not take effect if he comes for a visit. However, it is not permissible to sponsor him for a visit and then later seek to convert it to residency, as this is a prohibited circumvention.
Some scholars are of the opinion that a conditional divorce intended for deterrence or threat, and not for actual divorce, does not take effect. Instead, the one who made the condition must offer an expiation for an oath (kaffarat yameen) if the condition is met.
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