What is the Shar'i ruling on a husband repeatedly swearing by divorce on different occasions and telling his wife: "You will not settle in this house," and is the wife entitled to seek divorce if she has lost a sense of security and comfort because of this, knowing that the husband does not remember how many times he swore by divorce?
Marriage is a solemn covenant and a sign of Allah. A husband's frequent utterance of divorce is considered an abuse. The husband's statement, "If you do such and such, you will not stay in the house," is considered an indirect divorce (kinayah talaq) that depends on the husband's intention. Suspended divorce, swearing by divorce, and triple divorce are issues of jurisprudential disagreement, and in these matters, the husband's intention must be ascertained. This necessitates consulting a Sharia court or Islamic centers, as a judge's ruling resolves the dispute. Seeking divorce is forbidden unless there is a legitimate Sharia reason. If the wife is harmed, she has the right to seek divorce, with an emphasis on consulting a Sharia judge.
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