What Is The Judgment If A Person Lays Down Someone’s Action As A Condition For A Divorce?

What is the judgment if a person lays down someone’s action as a condition for a divorce?

Laying down an incident as a condition for a divorce by uttering such conditional prepositions as “if, in case, when” etc. is possible. This is called taliq al-talaq. Such talaq may occur depending on either the husband’s or another person’s action, or the occurrence of an event. Such expressions as “I will divorce you if you visit that person” or “I will divorce you if you ever talk to that person” may be given as examples to such conditional talaq. Many Muslim jurists agree that any conditional divorce takes effect upon the occurrence of such condition (Marghinani, Hidayah, III, 228; Shirbini, Mughni al-Muhtaj, III, 411; Ibn Qudamah, al-Mughni, X, 452, 462). On the other hand, some scholars are of the opinion that divorce does not occur if such condition is set to prevent the woman from doing something. However, the man has to pay an atonement for breaking his oath (Ibn Taymiyyah, Majmu’ al-Fatawa, XXXIII, 127, 128).

Source: Presidency Of Religious Affairs The Turkey, High Board of Religious Affairs FATWA