Is the aforementioned seclusion considered valid, and is the conditional divorce in this case revocable or irrevocable?
A seclusion between the spouses in a closed room is considered a valid seclusion (khalwah sahihah). A divorce issued during a valid seclusion, before consummation, is considered an irrevocable divorce ( ba'in) according to the majority of scholars. However, the Hanbalis view it as having the ruling of consummation (dukhul). As for conditional divorce, it takes effect upon the fulfillment of the condition it is contingent upon, whether the husband intended divorce, threat, or emphasis. Some scholars, like Ibn Taymiyyah, hold that it does not take effect if the intention was emphasis, and in such a case, an expiation for breaking an oath (kaffarat ) is required. The (legal ruling) issued is that the divorce becomes revocable (raj'i) upon breaking the oath.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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