into the streets, unveiled and flaunting their finest beauty and clothing—Allah’s protection is sought—until the family disintegrates. The evils resulting from this are not something to be discussed at length here. Rather, we students of knowledge know that a student of knowledge holds a certain standing among ordinary people; so, if he speaks out against these vile principles on every suitable occasion, this will bring about much good and avert many harms.
Know that divorce can only take place after marriage, for it dissolves the bond of marriage. Thus, there is no divorce before marriage. If a man says to a woman, “If I marry you, you are divorced,” then marries her, she is not divorced. Or if a man’s wife says to him, “I have heard that you want to marry, and I do not approve of this,” and presses him on the matter, so he says to her, “Would you be satisfied if I said, ‘If I marry a woman, she is divorced’?” She says, “That is enough,” and is satisfied; so he says it, but does not marry. If he were then to marry, she would not be divorced, because this was before marriage.
Likewise, if he says to a slave, “If I come to own you, you are free,” and then comes to own him, the emancipation does not take effect, by analogy with divorce. Divorce before the marriage contract does not take effect, and emancipation before ownership does not take effect. This is the view held by many scholars, who said: A person is not bound by emancipation concerning what he does not own, nor by divorce concerning what he does not possess.
However, Imam Ahmad, may Allah have mercy on him, held that emancipation does take effect. He distinguished it from divorce on the grounds that ownership may be sought for the purpose of emancipation—that is, a person may buy a slave in order to set him free—whereas marriage is not sought for the purpose of divorce. One cannot say that a man married a particular woman in order to divorce her, except in the case of a marriage of legal stratagem, which is invalid in any case.
As for the ruling on divorce, all five legal rulings apply to it: it may be