Answer
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
In this fatwa:
In Islam, the ruling on conditional divorce when the husband changes his mind is that no divorce occurs if he later orders the opposite action. Sunni scholars agree that the condition is not met in this case. For certainty, couples should consult a Sharia court.
Responding to your question, Sheikh Ahmad Kutty, a senior lecturer and an Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:
Understanding Conditional Divorce in Islamic Law
A conditional divorce is a type of divorce that is not immediate, but contingent upon a specific condition being met. For example, if a husband says, “If you leave the house, you are divorced,” this divorce only takes effect if the wife leaves on her own, directly defying her husband’s initial statement.
What Happens If the Husband Changes His Mind?
But if the husband later tells her to leave or forces her to leave, his new instruction cancels his earlier condition. In this situation, she is going under his command, not in defiance of it, so the condition is never fulfilled and the divorce is not triggered.
This change of action is treated by scholars as though he has withdrawn or nullified his earlier threat. His later order effectively undoes the intent behind the first statement.
Scholarly Opinions from the Sunni Schools
In your described case, no divorce has occurred according to the majority of Sunni scholars (Hanafi, Shafi‘i, Hanbali).
Practical Steps for Couples in This Situation
Your marriage remains valid. For added certainty and to ensure you are on the right path, it is highly recommended to consult the Sharia court, if available. This consultation will provide you with the support and guidance you need, especially if there is confusion or differing opinions in your community.
The Prophet’s Guidance on Using Divorce Statements
The Prophet (peace be upon him) has wisely discouraged turning divorce into casual warnings. His guidance enlightens us and provides a clear path that divorce should only be spoken of with clarity, deliberation, and responsibility. Let this advice guide your actions and bring you enlightenment in this matter.
A broader perspective is found in the following fatwas:
- What Are the Procedure and Rulings of Divorce?
- Valid Reasons for Divorce in Islam
- Conditional Divorce: Valid?
- Doubts about Conditional Divorce in Islam
Almighty Allah knows best.