When Does a Conditional Divorce Become Effective in Marriage?

Answered by Mawlana Ilyas Patel

Question

I told my wife that if she left the house and used drugs, she would be divorced. She later left and used them. Afterward, I sent her a message saying, “If you use drugs or alcohol, you are divorced,” which she read after already using drugs.

Is the divorce valid?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

I hope you are in good faith and health. Thank you for your question.

Yes, this statement of your will count as a conditional divorce.

In the above case, you have conditioned the divorce. After your wife used drugs, one divorce will take effect. However, you can reconcile with her and revoke the divorce at any time.

“If one tied the divorce to the occurrence of a condition, divorce would occur when the condition occurs. And the oath will come to an end (with the divorce), because when the condition (i.e., the act) takes place, the oath no longer remains, except when saying “whenever”….” [Ibn ‘Abidin, Radd al-Muhtar]

Revoking a Divorce

If a person pronounces divorce privately but with clear words, like in the above case, it will effect divorce. The reason is that this is a clear statement of words of divorce.

One revocable (raj’i) divorce will be effected. To revoke a divorce, one needs to say, ‘I take you back,’ or engage in any act that displays intimacy, such as a kiss or a hug. They become a married couple again. [Maydani, al-Lubab fi Sharh al-Kitab; Ibn ‘Abidin, Radd al-Muhtar]

Divorce Is Serious

Your intention and lack of calmness have no effect. These types of statements are uttered in anger. Once the condition is fulfilled, divorce occurs — usually one revocable divorce (talaq raj‘i) if it’s the first or second.

I would like you to read through the valuable answers and links below. Insha’Allah, you will receive guidance and direction.

Related

• Marriage and Divorce Archives–SeekersGuidance
• Love, Marriage, and Relationships in Islam: All Your Questions Answered 
• Etiquette of Marriage: A Comprehensive SeekersGuidance Reader

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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel has received a traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Currently, he resides in the UK with his wife and is interested in reading and gardening.