What Are the Rules of a Conditional Divorce?

Answered by Shaykh Muhammad Carr

Question

In the Shafi’i school, if someone forgets their intention behind a conditional divorce and is generally forgetful with a tendency towards misgivings, does the divorce count if the wife accidentally fulfills the conditions?

Answer

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

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

The individual should set aside any misgivings and adhere to the explicit guidance of the Shari‘a.

According to the Shafi‘i School, a conditional divorce occurs when the suspensive condition is met [Ibn al-Naqib, Umdat al-Salik]. The issue of intention only arises when an ambiguous expression (kinaya) is employed, which is typically not applicable in the present case.

If the wife unintentionally or forgetfully fulfills the suspensive condition, the divorce will not occur [Bayjuri, Hashiya].

Misgivings

Many Muslims struggle with baseless misgivings (waswasa). These struggles manifest in troubling thoughts that make everyday life extremely difficult, as well as in doubts concerning purity, prayer, issues concerning marriage and divorce, and more.

The good news is that divorce laws are clear, as manifested above, and you have Seekers Guidance to assist you. For more on misgivings, click here.

Shaykh Muhammad Carr has dedicated his life to studying and transmitting our beautiful deen. His studies have taken him around the globe, where he has benefitted from many luminaries. Under the guidance of his teachers – Shaykh Taha Karan, Shaykh Yaseen Abbas, Shaykh Muadh Ali, and many others – Shaykh Muhammad has grown to appreciate the beauty and benefits of diverse scholarship. He completed his memorization of the Qur’an at Dar al-Ulum Zakariyyah in September 1997 and received an Alimiyya Degree in 2006 from DUAI (Darul Ulum al-Arabiyyah al-Islamiyyah). He is also affiliated with Masjid Auwal in Bo Kaap, Cape Town (the oldest mosque in South Africa), where he serves as a co-imam, and Dar Al-Safa, where he has taught since 2018. As a teacher, he imparts the wisdom of our heritage and tradition by opening the door to students. As an imam, he has the unique opportunity to serve his community in daily life. 

In addition to his roles as a teacher and imam, Shaykh Muhammad Carr has contributed significantly to the administrative and advisory aspects of Islamic institutions. Since 2023, he has served as the Administrative Director at The Imam Kurani Institute, contributing to the institution’s growth and development. He continues to pursue traditional Islamic Sciences, possessing a keen interest in Islamic Contract Law and Finance. Shaykh Muhammad has been a Shari’ah Board Member for Islamic Asset Management & Insurance Companies since 2001, aligning financial practices with Islamic principles.