Is the husband's statement: "I divorce my wife if you search my phone again" considered an oath of divorce, such that the wife becomes divorced if she searches his phone again?
This statement from the husband constitutes an oath of divorce. If the wife breaks this oath, her divorce takes effect according to the majority of scholars, whether he intended to enact the divorce or merely to threaten. Some scholars, like Ibn Taymiyyah, are of the view that its ruling is similar to an oath by Allah, and the one who swore it must pay an expiation for an oath. What is -given (considered authoritative) by us is the opinion of the majority. Therefore, if the wife searched her husband's phone, her divorce takes effect. This is accompanied by a reminder of the prohibition of spying and that the lawful oath is by Allah Almighty.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 144423
- Added here
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy