Does a conditional divorce, contingent upon the wife's cursing her husband, take effect, given that the wife is unaware of this condition and the husband believes she is aware of it?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
A suspended divorce ( mu'allaq) occurs, according to the majority of scholars, when the condition upon which it was suspended is met, contrary to the view of Ibn Taymiyyah. It appears from the question that the husband suspended his wife's divorce upon her praying against him, intending to prevent her, and then she forgot. In this case, the more preponderant view is that the divorce does not occur, and this is the apparent position of the Shafi'i school. Marital relations should be based on affection and mutual understanding.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/105018
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- Ftawy
- Original fatwa ID
- 105018
- 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