What is the legal implication of using 'Law' (*law*) in conditional divorce, such as 'You are divorced if you stand up'?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 11 · Bab 2

Open in Qurani

Primary text

Using 'Law' functions as a condition equivalent to 'In' (if). This is generally accepted because if it were not conditional, the statement would be meaningless, and the speech of a responsible person must be given effect. The divorce is suspended upon the condition of standing.

Supporting text

One view, attributed to Abu Bakr, suggests that an explicit 'An' (with *fathah*) is for causation, meaning 'You are divorced because you stood up.' The judge suggests that for a layperson, it is a condition, but for a grammarian, it is causation, as the layperson does not intend the grammatical meaning they do not know. Another view is that even for a grammarian, it is a condition unless he intends causation, as divorce is interpreted according to custom.