Did the divorce take place in the mentioned cases, and what is the Islamic legal ruling concerning them?
If a husband swears by divorce that his wife should not leave the room, then reference is made to his intention. If he intended a specific period, the oath relates to that period. Otherwise, it relates to the reason that prompted him to swear. If his intention behind preventing her from leaving the house was her not knowing about the oath, then no divorce occurs. However, if he says to his wife, "You are divorced," then it is an actual divorce. The husband's intention must be believed when consulting scholars. The prevalent opinion is that an oath of divorce takes effect when the condition it is tied to occurs. Anger does not prevent the occurrence of divorce unless it reaches the point of complete loss of control.
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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