Does divorce occur if the husband swears by three divorces that the wife’s attempt to appease him and calm things down between them did not happen, in the context of a dispute between them?
If the husband swears, believing himself to be truthful that the matter did not occur, then scholars have differed regarding the occurrence of his divorce. Some scholars, like the Shafi'is and Sheikh Al-Islam, favored its non-occurrence. However, if the husband was untruthful in his oath, then the divorce is effective according to the majority of scholars. Sheikh Al-Islam Ibn Taymiyyah, however, holds that he is not bound by divorce but rather must repent. It is advised to consult a scholar directly, or refer to a council, or present the matter to the competent authorities to ascertain the true nature of his situation regarding this oath, while emphasizing the necessity of mutual respect between spouses, resolving problems wisely, and being cautious of divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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