She did not know what her husband meant when he stated a conditional divorce
Fatwa No: 92149

Question

Salam alaicoum! My husband once, maybe half a year ago told me, that if I wear niqab, I must consider myself divorced. I am newly converted and I didn't know this really causes divorce. Moreover, I thought that "wear" doesn't imply try on, put on for fun or to protect myself from wind or from evil looks for a short time. But just nowadays I've known that conditional divorce is divorce. So I asked my husband, what did he mean when said "wear niqab", he answered that he meaned try on, put on as well, just to place it on my face on any period of time. And I repeat, this happened long time ago, Iddah already passes. So am I divorce? Consider that my husband doesn't insist on divorce, he doesn't want to divorce me now. Barak Allah fikum.

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 is His slave and Messenger.

 

It seems -Allaah Knows best- that the saying of a husband to his wife "consider yourself divorced…" is a metaphor among the metaphors of divorce. In your case, your husband made a conditional divorce on you wearing Niqaab (face cover) with one of the metaphors of divorce. In this case, divorce is not effective unless your husband's intention was to divorce you.

If one makes a condition for divorce, then the divorce occurs if the condition is met; this is the opinion of the majority of the scholars and in Islamweb, this is the view we consider to be the preponderant one.

However, some other scholars are of the opinion that if one made a conditional divorce and his purpose was to warn his wife, then divorce does not occur even if the condition is met.

Of course, all the above details are considered if a husband intended divorce using such expressions.

However, if he did not intend divorce, then divorce is not effective according to all the jurists.

Finally, it shoud be noted that it is more appropriate to consult one of the Islamic Centers in your country as it is more appropriate for them to study such matters.

Allaah Knows best.

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