My question is regarding the conditional divorce.
I’ve been married for 3.5 years with a 2 years old child. My wife considers herself a well-educated and expert in religious matters but she and her family don’t consider any need to resolve disputes as per Quran n Hadees or through elders. She mends everything to her comfort.
She left my home 8 months ago and didn’t communicate or showed any effort to resolve her childish matters, only communicated when she liked for her personal needs.
I tried through all channels to bring her back home, she refused to talk and she refused to come back home with me when I went to bring her. Instead month later she informed me about her plan to take my child to Dubai. I didn’t agree and told her to return or tell your elders to convince me about this. About 20 plus emails I sent to her and her family but they didn’t respond.
So, as a last resort I sent her brother and elders the following message.
“”Still not received a positive reply from you n your family except games of words. If she leaves home with intention to travel to Dubai/ Abroad instead of coming Home. Consider this second Divorce.... and If she lands in Dubai that will be the Last and Final Divorce from me.””
Above message was given in context with her plan for Dubai without my consent. I did tell them I do not allow her to travel without my permission and gave them opportunity to convince me, but they didn’t reply.
Few days later I got to know she had gone Dubai. And she stayed there for more than a month; recently she contacted me about her return to her parents’ house. She always said she doesn’t want divorce but failed to perform her duties as a wife nor does she accept her mistakes.
Please clear if this marriage is over, or the words “CONSIDER” I used makes it doubtful. I’ve in past given her 1 verbal divorce and this time I only gave in writing as above.
Jazak Allah Khair
Based on the statment provided in your question, it appears that the divorce has become final because both conditions for additional two divorces were fulfilled by her leaving the house with the intnetion of traveling abroad and landing at Dubai.
Since, you have divorced her three times already, therefore you will not be allowed to remarry her unless she marries another person and is divorced by him thereafter.
And Allah knows best.
Mufti Ikram ul Haq
Fatwa Center of America