What is the ruling on a wife contacting her family without her husband's knowledge, given that he has sworn that it is forbidden for her to do so, and is obeying him in this matter considered disobedience and severing ties of kinship?
Scholars differed regarding a husband swearing an oath to his wife by (unlawful). Some considered it ẓihār (a form of divorce), some considered it a divorce, and some considered it an oath.
If the wife disobeys her husband by contacting her family or sending them a message, then what the husband intended with his oath falls upon her, and there is no benefit in resorting to stratagem, unless he knew that her husband does not object to her sending them a message to talk to them, and his oath was only intended to prevent her from initiating contact with them, because the determinant of what is sworn upon refers to the intention of the swearer.
The wife must obey her husband in what he commands her regarding what is good and proper. His command to her to refrain from contacting her family without his permission does not constitute a severance of kinship ties. If she wishes to maintain her kinship ties, she should seek her husband’s permission to contact them. Swearing an oath by making the wife haram is not legislated; what is legislated is swearing an oath by Allah.
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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