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The question

What is the religious ruling on divorce occurring when it is sworn upon three times, knowing that the intention for divorce was not present except on the third occasion, and what is your advice to me?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

There is a difference of opinion regarding this issue, and it is advisable to refer to the Sharia courts for a ruling. Scholars have differed on the issue of swearing an oath by divorce if the intention was to threaten without divorce actually occurring: The majority of scholars hold that it takes effect, while others hold that it does not take effect and an expiation for a broken oath becomes due. The opinion of the majority is more cautious. According to the opinion of the majority, the wife becomes irrevocably divorced (Bainunah Kubra). The mother has a greater right to the custody of the child unless there is a legitimate impediment. The deferred dowry is not required from someone in straitened circumstances. Your adoption of the other opinion is permissible if it is based on legitimate evidence or trust in the mufti; otherwise, it is not. Declaring a Muslim an infidel is not permissible unless the criteria for excommunication are met. There is no harm in preventing the wife from visiting her family if there is a fear of religious harm befalling her.

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Ftawy
Original fatwa ID
60505
Imported
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Source text, unreviewed
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