Is a wife divorced if her husband stipulated her divorce were something to happen, or were he to refrain from something else, and he chose to refrain from that other thing?
Suspended divorce ( mu'allaq) occurs, according to the majority of scholars, upon the fulfillment of the condition it was suspended upon. Ibn Taymiyyah, however, differentiated: if the intention was to effect divorce, then it occurs; but if the intention was to encourage or prevent something, then it does not occur, and an expiation for a broken oath (kaffarat ) becomes due. According to the view of the majority, divorce does not occur unless all conditions it was suspended upon are met. Therefore, if the one who swore refrains from something with the intention of bringing about the suspended condition, the divorce does not occur.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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