Is it permissible for a woman to communicate with and visit her brother without the knowledge of her husband, who swore a contingent divorce on her not communicating with him, after a dispute between the husband and the brother?
The established is that divorce occurs upon breaking an oath sworn by divorce, whether the intention was divorce, threat, prevention, encouragement, or emphasis. This is the view of the majority of scholars. Ibn Taymiyyah, however, holds that its ruling is similar to an oath sworn by Allah, entailing an expiation for the oath (kaffarat ) and not resulting in divorce.
The wife has the right to speak with her brother, and the husband does not have the right to prevent her from maintaining ties with him. However, she is not permitted to conceal this from her husband so that he may be aware of the divorce taking place or the obligation of expiation.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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