Does divorce take place and does the wife's legal right to the dowry, furnishings, and deferred dowry fall if she smokes, knowing that she is threatened with divorce by her husband, and is this threat considered an oath of divorce?

Smoking is forbidden by Islamic law due to its harms. If a husband commands his wife to quit it, she is obligated to obey him, because obeying him in what is good is obligatory, and his forbidding of a vice is considered good, even if the husband himself smokes. Scholars have indeed mandated forbidding evil even if the person himself does not exemplify what he preaches.

Thus, it is obligatory to quit smoking out of obedience to Allah, and then out of obedience to the husband. If the wife smokes, she may expose herself to a contingent divorce, which, according to the majority of scholars, takes effect upon the occurrence of the contingency. However, Sheikh Al-Islam Ibn Taymiyyah held that if the oath was merely for encouragement or prevention, then an expiation for an oath is due, not a divorce.

In the event of a divorce occurring according to the view of the majority, the wife's right to her dowry and possessions is not lost, and she can resort to the judge to ensure her rights.