Did I Divorce My Future Wife?

Question:

If somebody says “Whenever I marry someone she will be divorced on me after that.” What will happen? Can he marry someone or not?

Answer:

Wa ‘alaykum assalam wa rahmatullah wa barakatuh.

I pray you are well.

Words Have Consequences

Unfortunately, this is a very difficult scenario. Words have legal consequences, and this situation is an extreme example of it. The statement above is a conditional divorce that comes into effect when a marriage takes place.

The word “whenever” applies to every instance. This means that whenever someone who has said such a statement marries a divorce will take place immediately. Even if he was to marry her again, the divorce will take place. [Marghinani, al-Hidaya]

This is a rare situation, but it highlights the importance of consulting with scholars before taking big steps in life.

A Loophole

There are rulings in the Shari’a the offer solutions to certain problems. Thankfully, one does exist for this situation.

A ‘fuduli’ is a third party that conducts a marriage between two people without their express command. He does so of his own accord, and both of the spouses have to give their permission for the marriage to actually come into effect. This can be done, in your case, by giving the lady her mahr without actually verbally agreeing. That will ensure the marriage has taken place without the conditional divorce coming into effect, as the third party married you to her, not yourself.

Practically, this might take some planning to pull off. You would have to tell the prospective to bring of the situation and the solution. After that, you would have to tell someone about your situation without actually telling or requesting from him or them to marry you to her. Maybe you can show this answer and said, “If someone was to arrange a marriage for me with her I would most likely accept.“

A direct request to get you married to her would be akin to you yourself marrying her. Once this kind-hearted person has performed the contract and informed you, you should send the mahr he agrees with her on your behalf to her. After that, you are married, and you should be very careful about which words you utter from then on. [al-Fatawa al-Hindiyya]

Given the considerations in such cases, please consult reliable local scholars about the specifics of the situation. Jazakum Allah khayr.

May Allah facilitate matters for you.

[Shaykh] Abdul-Rahim Reasat

Checked and Approved by Shaykh Faraz Rabbani

Shaykh Abdul-Rahim Reasat began his studies in Arabic Grammar and Morphology in 2005. After graduating with a degree in English and History he moved to Damascus in 2007 where, for 18 months, he studied with many erudite scholars. In late 2008 he moved to Amman, Jordan, where he continued his studies for the next six years in Sacred Law (fiqh), legal theory (Usul al-fiqh), theology, hadith methodology, hadith commentary, and Logic. He was also given licenses of mastery in the science of Quranic recital and he was able to study an extensive curriculum of Quranic sciences, tafsir, Arabic grammar, and Arabic eloquence.