Is it Islamically permissible for a woman to seek divorce from her husband who concealed from her his alcohol consumption and his previous illicit relationships, did not quit smoking as he promised, frequently swears by divorce, and threatens her with going to her family's house, knowing that he has not actually divorced her by the words of divorce he uttered?
If a man is immoral (fasiq), then it is permissible for his wife to seek divorce. As for a husband's statement to his wife, "Take your clothes and go down to your family," it is an implied divorce (kinayah talaq), and its ruling depends on the husband's intention. Regarding swearing an oath by divorce (al-halif bi al-talaq), the majority of jurists hold that divorce occurs if the oath is broken. However, Ibn Taymiyyah is of the view that divorce does not occur if the husband intended only to threaten, and in such a case, an expiation for an oath (kaffarat yamin) is required. It must be noted that swearing an oath by divorce is forbidden (haram) because it is swearing by other than Allah and it is an innovation (bid'ah).
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