What are the rights of a divorced woman according to Sharia, in light of marital problems and the occurrence of a conditional oath of divorce?

Scholars differ regarding the ruling on swearing an oath by divorce and making it conditional on something. The majority hold that divorce occurs absolutely upon breaching such an oath, and this is the fatwa we adopt. Sheikh al-Islam Ibn Taymiyyah, however, holds that swearing an oath by divorce without intending to effect it does not result in divorce; rather, the one who swore the oath is obligated to offer an expiation for an oath (kaffarat yameen) if he breaches it.

If you have breached an oath of divorce and this has occurred three times, then your wife has become irrevocably divorced from you with a major irrevocable divorce (baynunah kubra). If you divorced your wife without stipulating that she relinquish any of her rights, then she is entitled to all the rights of a divorced woman from you.

If you divorced her less than three times, you may take her back before her waiting period (iddah) expires. If she became disobedient (nashazat) to you by leaving your house without your permission, you should follow the means of reconciliation with her.

You must oblige her to observe the legal hijab, and it is not permissible for you to allow her to go out in clothes that are not modest. If she disobeys you, you may restrict her and refrain from divorcing her until she relinquishes some of her rights to you.

If a dispute arises between you concerning rights and obligations, the Sharia judge is the one who will arbitrate between you.