What are the consequences for a wife who falsely swore on the Qur'an to prove her innocence from an accusation of adultery, and then her marital life returned to normal after a period?
If the wife stipulated to her husband the termination of their marital relationship in exchange for her swearing an oath to him denying an accusation against her, and the husband agreed to that, and she swore:
- If the intended meaning of "termination of the relationship" was divorce, then it is a metaphor that requires the husband's intention. If he intended divorce, then it occurs; otherwise, it does not. - If the intended meaning was merely abstaining from intercourse, then nothing is necessitated.
Regarding the oath: If she was truthful, then there is nothing upon her. If she was untruthful, then she must repent. The majority of scholars hold that no expiation is required, but giving one is more cautious.
It is incumbent upon the husband to think well of his wife and not accuse her without clear evidence. And whoever falls into a sin must repent and conceal themselves, for the Prophet (peace be upon him) said: "O people, it is time for you to desist from transgressing the limits of Allah. Whoever commits any of these abominations, let him conceal himself with the concealment of Allah, for whoever exposes his misdeeds to us, we will apply the Book of Allah against him."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 104909
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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