Is swearing by divorce forbidden because it is swearing by other than Allah?
Swearing by other than Allah is reprehensible and forbidden by Islamic law, by the consensus of scholars, due to the Prophet's (peace and blessings be upon him) sayings: "Whoever is to swear an oath, let him swear by Allah or keep silent," and "Whoever swears by other than Allah has disbelieved or committed ," and "Whoever swears by the trust is not one of us."
As for swearing by divorce, it is not swearing by other than Allah in the legal sense. Rather, it is a conditional suspension of divorce, and its ruling is that of an oath if the intention behind it is to urge, prevent, affirm, or deny something. The correct view regarding it is that if the intention is to prevent something, then an expiation for an oath is required if one breaks it, and the divorce does not occur. This is the opinion of Sheikh al-Islam Ibn Taymiyyah, Ibn al-Qayyim, and a group of scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy