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Fatwa CenterHusband's intention is the determining factor in indirect divorce
Question
Asalamoalikum. If husband says to wife "I dont want to take care of you, if you may wish, then you may consider divorce from my side" Is that considered a divorce? Husband and wife do Ruju and live together.
Next year, due to misunderstandings, she goes to her maternal home, hoping husband will start missing her and value her presence and call her back home. The wive's mother passes away, she is in a strange fix, she waits for a positive response from husband, when she sees none, she informs him she is traveling out of country for some days to live with her immediate family members. husband replies saying "If you sit on the plane with the intention to travel abroad consider it second divorce and if u land in the other country consider it my final divorce to you"
The wife goes out of country, comes back within two months, calls him and says I dont want to end this marriage. Husband shows no reconciliation except for email exchanges. if now, post the three months reconciliation period, they want to live together, is there a chance?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
If a husband says to his wife, "If you may wish, then you may consider divorce from my side", this is apparently a choice given to the wife to divorce herself. If the wife chooses divorce, then it takes effect, and if she does not, then it does not take effect. Please refer to Fatwa 92334.
It should be noted that a statement like "you may consider divorce," is an indirect divorce. Expressing divorce in the present tense does not effect the divorce unless the husband actually intends divorce thereby. For more benefit, please refer to Fatwa 92476.
Secondly, his statement "If you sit on the plane with the intention to travel abroad, consider it second divorce" is a conditional divorce. If the husband intended thereby to divorce his wife, then she is divorced whenever that condition is fulfilled.
Thirdly, the same applies to the statement, "If you land in the other country, consider it my final divorce to you." It is a conditional divorce as well.
This is all that could be said regarding the three cases. Since indecisive divorces are a major controversial issue, and the husband's intention must be investigated and verified, you are advised to refer the case to a legitimate Islamic court or to consult a reliable scholar orally.
Allaah Knows best.
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