Did the divorce take effect with the husband's words: "I swear by divorce that I will not divorce you" after the wife's insistence on seeking divorce?
If a man says to his wife: "I swear by divorce that I will divorce you," or "I swear by divorce if I do not divorce you," and he does not specify a time, then his wife is not divorced. If he does specify a time, she is divorced when that time arrives. This is the view of the majority of scholars. As for the Maliki school, if a man suspends his wife's divorce upon her divorce, the divorce takes immediate effect. Therefore, the wife is not divorced according to the majority view.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/50639