Is an insubordinate wife entitled to the household furniture, the deferred dowry, and the gold jewelry (Shabka) if she is divorced?
The majority of scholars hold that swearing an oath by divorce—whether intended as a divorce, a threat, or otherwise—results in the occurrence of divorce upon the fulfillment of the condition sworn upon. They also hold that uttering the word "triple divorce" results in three divorces. Sheikh Al-Islam Ibn Taymiyyah is of the opinion that its ruling is similar to swearing an oath by Allah, requiring an expiation for an oath (kaffarat yamin) and not leading to divorce. He also holds that uttering the word "triple divorce" results in one divorce. The reference for determining what was sworn upon is the intention. If a divorce occurs, the wife is irrevocably divorced (baynunah kubra), and it is advisable to present the matter to a Sharia court or to scholars. If divorce does not occur, it is preferable to strive to reform the wife, and it is permissible to pressure her to forfeit her rights. If he divorces her without the condition of her forfeiting any of her rights, it is not permissible to deny her right to the dowry (sadaq).
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