Has the divorce taken place by the husband's oath, "I swear by divorce that I will not get to know another woman with you," when the wife discovered his continued relationship with another woman after this oath, and how is the 'iddah calculated if the divorce has taken place?
The husband breaks his oath if he knows a woman other than his wife, and divorce occurs according to the majority of jurists. The waiting period () begins from the moment the oath is broken. If the husband has intercourse with his wife during the iddah, it is considered a رجعة (reconciliation) according to some scholars. If the husband's acquaintance with the woman is an unlawful relationship, he must be advised to repent and end the relationship. If he does not repent, it is recommended for the wife to separate from him, even if through khul' (a form of divorce initiated by the wife), or to refer the matter to the court. We note that a man marrying another woman is not considered marital infidelity in Islamic law.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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