Does a divorce occur if the wife swears an oath of divorce not to tamper with her husband's phone, and then she tampers with it?
A wife spying on her husband is not permissible. If a husband makes his wife's divorce conditional upon a certain action, in the form of a promise of divorce, the divorce does not occur when she performs it. However, if it was a conditional divorce linked to her action, and the wife performed it with the intention of bringing about the divorce, some verifying scholars, such as Ibn al-Qayyim and Ashhab among the Malikis, preferred the view that the divorce does not occur, treating her with the opposite of her intention.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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