What is the ruling regarding a husband accusing his wife of slander, repeatedly swearing to divorce her, and her refusal to comply with his oaths?
Accusing one's wife of indecency without clear proof is not permissible, as it is one of the greatest sins.
As for swearing by divorce, the majority of scholars hold that divorce occurs upon breaking the oath. However, Sheikh al-Islam Ibn Taymiyyah is of the opinion that if the intention was not to effect a divorce but rather to threaten, then an expiation for an oath is required, and divorce does not occur.
The permissible oath is by Allah Almighty. Swearing by divorce is among the oaths of the dissolute and can lead to severe consequences. Some scholars have granted a woman the right to seek divorce from a husband who frequently swears by divorce. It is advisable to counsel this man with wisdom and gentleness.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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