Does a divorce issued by a husband with the words "Upon me be divorce" take effect when his wife raised her voice and refused to go to her niece's wedding?
An oath sworn by divorce is subject to the ruling of a conditional divorce. If the condition upon which the oath was made is met, then the divorce takes effect according to the majority of jurists, whether the husband intended to threaten or to divorce. Sheikh al-Islam Ibn Taymiyyah, however, holds the view that if the husband did not intend divorce, it does not take effect, and he is obligated to offer an expiation for a broken oath.
Anger does not negate one's legal accountability as long as the person knows what they are saying, and the consequences of their actions are binding. It is advisable that when anger arises, the spouses separate from each other.
Striking and assaulting one's wife without a legitimate religious justification is an injustice. It is also incumbent upon the wife not to raise her voice at her husband.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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