Does divorce occur if the wife goes to her brother's wedding after the husband swore an oath to that effect in a state of extreme anger, and can the husband retract his oath to prevent the severing of kinship ties?
The majority of scholars hold that a contingent divorce takes effect if the condition upon which it is contingent occurs. Others have provided more detail: if he intended to prevent her and did not intend divorce, then he must pay an expiation for breaking an oath (kaffarat yameen) if she goes. However, if he intended divorce, then it takes effect upon her going. The view of the majority is more preferable and cautious. Therefore, the wife should not go to the wedding in order to preserve her husband's oath, and he should fear Allah and not expose his wife's marital bond to risk. The Prophet, peace be upon him, forbade swearing by anyone other than Allah.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 40307
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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