Promise of divorce is not effective divorce

11-10-2016 | IslamWeb

Question:

I told my husband that if he gets married a second time or touches any other girl with bad intentions then I would be divorced automatically. He agreed to this and repeated the words and even added that if he chats with other girls, then I would also be divorced. I told him that by saying this, divorce would take place (if the condition was to be fulfilled). He said that he knew that, and when he was asked by another person, he said the same. My husband now says that he was joking and that he did not know that it would actually be valid. Please tell me what the solution is and whether divorce would actually take place or not according to the Hanafi Fiqh?

---

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.

We did not find any statement of the Hanafi scholars in this regard. It seems that the conversation that took place between you and your husband was only a promise of divorce and, accordingly, divorce does not take effect based on it. Al-Fataawa Al-Hindiyyah reads, "The same ruling applies to the case in which a wife says (to her husband), 'Divorce me in such-and-such case,' and he says, 'Yes'; divorce does not take effect because it is a mere promise of divorce."

Hence, you will not be divorced, even if your husband does any of the mentioned things, and he is not obliged to divorce you in this case. However, he should fear Allaah and avoid doing what is prohibited, and you are obliged to live with him in kindness.

Allaah knows best.