What is the ruling on saying "علي الطلاق" (upon me be divorce) with the intention of embarrassing someone or out of affection for someone, and does divorce take effect thereby if there has been no consummation between the spouses?

Swearing by divorce is considered by the majority of jurists to be a contingent divorce, and the divorce takes effect upon breaking the oath, whether the husband intended divorce or not. Some scholars, however, are of the view that if he did not intend for the divorce to occur, he is only required to pay an expiation for an oath, and his divorce does not take effect.

Jurists have mentioned a difference of opinion regarding whether a Muslim who swears an oath to do something, but then is prevented from doing it due to a common or Shari'ah-based reason, is considered to have broken the oath or not.

Since there is disagreement among jurists on some issues, it is preferable to consult the Shari'ah court, as the judge's ruling resolves disagreements in matters subject to ijtihad (independent reasoning).

Swearing by divorce is not permissible, as it involves swearing by other than Allah Almighty, which is forbidden. Scholars have explicitly stated that it is a reprehensible innovation.