Her husband conditioned her divorce upon not travelling with him
Fatwa No: 99468

Question

my husband said that i am three times TALAQ if i don`t go with him to another country. and i did not go with him. he went alone. am i divorced from him now? he has also said TALAQ to me two times before.

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  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

 

Your husband conditioned your divorce upon not travelling with him, and since you did not travel with him, then divorce took place according to the view of the majority of the scholars  may  Allaah  have  mercy  upon  them.

Therefore, according to this opinion, you are irrevocably divorced from your husband and he may not marry you again until you marry another man who divorces you after consummating the marriage with you.

However, Shaykh Ibn Taymiyyah and Ibn Al-Qayyim, and some contemporary  scholars, may Allaah have mercy upon all of them, are of the view that in conditional divorce, if the husband only intended to threaten his wife, divorce does not take place, and he is obliged to expiate for breaking an oath.

This is a controversial issue as you see and it is more appropriate in such a case to take the matter to some knowledgeable scholars who are known for their correct belief and methodology, and who are acquainted with such matters.

It should be noted that a wife is obliged to travel with her husband if he orders her to do so, and she is not permitted to refrain from doing so unless she has a sound Islamic reason. Similarly, the husband should not make divorce a means for solving marital problems.

Finally, it is worth mentioning that uttering three divorces in one session makes three divorces according to the view of the majority of the scholars  may  Allaah  have  mercy  upon  them but a group of them are of the view that this makes only one divorce. 

Allaah Knows best.

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