Husband Told Her ‘If You Leave House You Are Divorced’ and She Left Fatwa No: 475075
- Fatwa Date:18-5-2023 - Shawwaal 28, 1444
After a fight my husband told me I am taleq if I leave the house, and I left. This would be the thirds talaq for us. Now he say he want me to let go at all my rights to legally divorce me in the court. He will only give me the custody of our 3 years old child. Isn't in my right to get the money for divorce or for child maintenance?
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.
What your husband uttered is considered a conditional divorce. Since you have done what he conditioned divorce on, which is leaving the house, then the divorce took place according to the view of the majority of jurists, which is also the view that we adopt here at Islamweb. However, Ibn Taymiyyah chose the view that divorce does not take place if the husband merely intended to threaten.
If we presume that divorce took place, then you have some rights upon your husband, such as the dowry and the like, but you are not entitled to any spending or housing, because this divorce is irrevocable. As for spending on this child, then this is obligatory on his father, whether or not the divorce took place, and whether it is revocable or irrevocable.
Your husband does not have the right to ask you to give up your rights in order to legally divorce you. Assuming divorce did not take place, mere legal divorce does not have the effects of divorce in Islam.
We recommend to take the case to the Sharia Court, or its substitute in non-Muslim countries. As you have seen in some of the issues that we mentioned there is a difference of opinion, and there may be a need to ask your husband about his intention, in addition to the fact that the judge's ruling is binding and puts an end to the dispute in matters of Ijtihad.
We draw your attention to avoid problems in marital life, and be keen on achieving everything that leads to family stability, and be wise in solving them. Moreover, one should avoid words of divorce as this may lead to regret, especially with the existence of children.
Allah knows best.
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