Does the husband's divorce take effect in the two aforementioned cases: first, when he swore to his wife by divorce if she went to her family, and second, when he said to her: "You are forbidden to me as my mother is forbidden if you ever tattoo a woman again"?
It is best for the husband to directly consult a scholar or refer to an Islamic center to clarify his intention behind what he uttered. In general:
1. The husband must improve his relationship with his wife and refrain from threatening her with divorce or mistreating her. 2. The wife has the right to an independent dwelling, and she is not obligated to live with his family, especially if it leads to unlawful mixing (ikhtilat). 3. Swearing by divorce falls under the ruling of conditional divorce. If the condition is met, divorce occurs according to the majority of jurists, whether the husband intended divorce or not. However, Ibn Taymiyyah holds that if he did not intend divorce, it does not occur, and he must pay an expiation for breaking an oath (kaffarat yamin). 4. The husband's statement to his wife: "You are as forbidden to me as my mother if you do such and such..." depends on his intention: If he intended divorce, then it is a divorce. If he intended ẓihār (a pre-Islamic form of divorce), then it is ẓihār. If he did not specify, he has a choice between the two. If he intended to forbid her essence without divorce or ẓihār, then nothing occurs, and he must pay an expiation for breaking an oath. 5. Swearing by triple divorce (talaq thalath) on not doing a specific thing results in three divorces according to the majority of jurists. However, Ibn Taymiyyah and others held that it results in a single divorce, and the husband's intention and the reason for the oath are given consideration in this matter. 6. Both spouses must strive to maintain family stability through dialogue, understanding, overlooking mistakes, and not giving Satan an opportunity to sow discord between them, as he seeks to separate a man from his wife.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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