MYPolygyny.com
Knowledge for the Muslim household
Flashcards Lineage

Q&A › Divorce, ʿiddah & rujuk

🚪 Divorce, ʿiddah & rujuk · #59

A husband says, "If you leave this house, you are divorced." What is the ruling if the wife goes out?

According to the Shafi'i school, this is a conditional talak (verbal taʿliq): if the condition occurs, talak falls in the number and with the intention pronounced, even if the husband later regrets it.
Allah warns against making a mockery of His rulings (al-Baqarah 2:231), and the Prophet ﷺ said that three things are serious whether said seriously or in jest, among them talak (Sunan Abu Dawud 2194). Important details: what the condition really meant (going out once, or going out without permission); whether the wife went out forgetfully or under compulsion; and the husband's intention. Some other scholars treat such words as an oath if the intention was to threaten rather than to divorce. Because the ruling is subtle and depends on the facts, the case should be taken to the Syariah Court for confirmation. Never use talak as a threat. See Talak.
Difference between schools. Some scholars, including the view chosen by Ibn Taymiyya, treat a conditional talak intended as a threat or incentive as an oath expiated by kaffarah, not as talak.

Sources

Surah al-Baqarah 2:231Sunan Abu Dawud 2194 (hasan)Act 303, s.47
← PreviousHow long does a divorce at the Syariah Court usually take, and what does it cost?Next →My husband has left Islam (apostasy). What is the status of our marriage?

Related questions

We married but the marriage has not been registered. If the husband pronounces talak, does it take effect?If the marriage contract was valid under the Shariah, the talak takes effect even though the marriage is unregistered; but both the…After a revocable (raj'i) talak, husband and wife still live in the same house. What is allowed and what is not?A wife in the 'iddah of a revocable talak stays in the marital home and is entitled to maintenance; according to the Shafi'i school…A husband divorced his wife while he was gravely ill, and then died. Does she still inherit?If he died while she was still in the 'iddah of a revocable (raj'i) talak, she inherits; if the talak was irrevocable (ba'in)…If a husband pronounces talaq while drunk, does it take effect?In the Shafi'i school, the talaq of a person who is deliberately drunk still takes effect, as a penalty because he himself chose to…A husband is forced or threatened into pronouncing talaq: does it take effect?The talaq of a husband who is genuinely forced under serious threat does not take effect according to the majority of scholars. Recognised coercion is …May a wife in ʿiddah leave the house or go to work?A wife in ʿiddah must stay in the marital home, but may go out for needs such as work, treatment or busin…
This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

Comments or feedback

Read only by the MYPolygyny administrator — never published.

🔒 Do not include sensitive personal details. Privacy notice

About Us · Ask · Site Map · Privacy · Editorial policy · Disclaimer

✓ Pemindahan pelayan selesai — kini lebih bersedia untuk berkhidmat kepada anda. · Server migration completed — ready to serve you better from now on.