This is not a conditional divorce
Fatwa No: 96281

Question

Assalamu Alaikum, I wrote to you before about speaking to men over the internet and whether or not I was obliged to tell my husband. And you told me no alhamdulillah. Well I heard a talk today which has worried me a lot. I heard that if the husband makes a condition and the wife breaks it, then she is divorced. Well now I am unsure whether my husband made a condition to me about this or anything else. as we lived apart then, we could not sleep together much so thus not being able to take back any divorce divorce!! I have asked him if he has placed any conditions on our marriage and he said no, but still I worry as I had just gotten over the sins i committed and come to terms with them and now I do not want to undo the cover that Allah has placed over me. please help me as I am very scared again. May Allah bless you.

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.

 

Since you do not know whether or not your husband conditioned something on you and he, himself, does not remember doing so, then what you mentioned beforehand does not affect the validity of your marriage contract, therefore, you should avoid the whispers of the devil.

You should know that the condition which affects the validity of the marriage contract is that which occurs after the marriage contract and on which the husband conditioned divorce if his wife went against such condition, like the husband conditioning his wife not to go out without his permission and if she does she would be divorced, and the like. As regards going against other conditions and orders from the husband, then this does not lead to divorce but it is a disobedience to the husband because a wife is obliged to obey her husband. The same thing applies to not fulfilling a promise which one is legally ordered to fulfil.

Allaah Knows best.

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