Date : 08-04-2024

Question :

What is the ruling of Islamic Law when husband says to wife: "You are divorced and whenever you become lawful to me, you will be forbidden."

The Answer :

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.


 


The husband's saying to his wife: "You are divorced, and whenever you become lawful, you will be forbidden." The first part of this statement: "You are divorced," constitutes a divorce if the utterance meets the conditions for its validity and there are no impediments to it. As for the second part, "Whenever you become lawful, you will be forbidden," no divorce occurs with it even if the husband intended divorce with the word of prohibition, and the divorce does not repeat itself even if he takes her back during the  Iddah (waiting period). This is because his saying, "You are divorced," implies her entering the Iddah, so the phrase "Whenever you become lawful, you will be forbidden," does not count as a new divorce. This is because a woman in the waiting period cannot be divorced. This is what was decided by the Jordanian Personal Status Law No. (15/2019), as stated in Article (81) thereof - taken from the sayings of some scholars of Islamic law: "Divorce does not occur on the wife except if she is in a valid marriage and not observing Iddah."


In addition, just as a divorce coupled with a number of times, whether verbally or by gesture, and a repeated divorce in one session only counts as one divorce, Article (89) states that: "A divorce coupled with a number, whether verbally or by gesture, and a repeated divorce in one session only counts as one divorce." This is because it is a type of divorce that is added to the future in the form of a suspension, and Article (87/b) states that a divorce added to the future does not occur, where the text states that: "A divorce added to the future does not occur."


In conclusion, if a husband says to his wife: "You are divorced, and whenever you become lawful, you will be forbidden," then the divorce occurs with the first part of the statement - which is: "You are divorced" - if the utterance meets the conditions for its validity and there are no impediments to it. As for the second part, which is: "Whenever you become lawful, you will be forbidden," no divorce occurs with it. And Allah The Almighty Knows Best.