Back to search
The question

Does divorce occur if the husband speaks to another woman after uttering the oath of divorce under duress?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

We understand from your question that you asked your husband to swear by divorce not to speak or communicate suspiciously with a foreign woman. Most scholars believe that a divorce oath takes effect upon its breach. Sheikh al-Islam Ibn Taymiyyah is of the opinion that if this oath is not intended as a divorce but rather as a threat, its ruling is that of an oath by Allah, and an expiation for an oath (kaffarat yameen) is due upon its breach.

Intention in an oath specifies the general, and therefore, the swearer's intent and intention are considered. The oath of one under duress is not binding according to the majority of scholars if the duress is considered valid.

We advise the husband to present his case to scholars in his country. We emphasize that spying is impermissible, and using oaths to refrain from sins is not sound. Swearing by divorce is not legislated; what is legislated is swearing by Allah.

We also note that describing illicit relations as "betrayal" might lead to the understanding that they are condemned because they are a betrayal, not a sin against Allah.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
194892
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
Read the full ruling
Read the full answer on Ftawy