الطلاق المعلق على المشيئة تقييد من تأليف العلامة أحمد بن مبارك السجلماسى اللمطى (1163 ه)‎

Abstract EN

Ibn Mubarak, may God have mercy on him, mentioned in this restriction the issue of " suspended divorce under the will" or "distributing the will to a dependent on it" in the words of Ibn Al-Hajib and Khalil, for example by saying: "You are divorced if you enter the house, God willing," in the form of righteousness, and as saying: "You are divorced if I do not enter the house, God willing, "in the form of perjury.

It is an issue on which the Malikis and others differ if divorce occurs or not.

the majority of scholars - may God have mercy on them - see that he is obliged to divorce, which is the view of Ibn al-Qasim, and the well-known in the doctine.

Ibn al-Majshun, Asbar and Ashehab believed that divorce does not take place, and Abu al-Walid Ibn Rushd agreed with them, and added that this doctrine is the rule of the Sunnis 'rules of will', and as for the saying that divorce takes place, it is based on the doctrine of the Mu'tazila who belive in man’s creation of his actions.

Sheikh Ibn Mubarak thought that Ibn Rushd was delusional in the matter, as he made the condition as an exception, which is from the negation a proof and from the proof a negation, and he replied to him that the restricted divorce with a condition must follow the condition in the proof and the negation.

If it was a negation, then the condition should be the same ; and if it was an evidence then the condition follows suit.

Hence, divorce takes place in the previous statements.

He brought some evidence to support what he went to, and it turned out that Ibn al-Qasim’s opinion is the same as that of the Sunnis, not Ibn al-Majshun’s opinion that.