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What is the ruling on swearing an oath by divorce for someone whose tongue has become accustomed to it due to the widespread prevalence of this matter in their society?

1 min readAlso available in العربية

The majority of scholars hold that whoever swears an oath by divorce and then breaks it, his wife is divorced, whether he intended divorce, threat, or emphasis. This is the established legal ruling (fatwa). This ruling does not change with the widespread practice of swearing by divorce. It is specific to a legally competent husband. As for a child, an insane person, or an unmarried person, their divorce is not valid. Some scholars are of the opinion that swearing by divorce is unlawful. Some scholars have given the wife the right to seek divorce from a husband who frequently swears by divorce.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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