Does divorce occur if I swear not to hold my mobile phone, and then deliberately hold it?

The fatwa we follow is that if a husband swears an oath of divorce and then breaks it, the divorce takes effect, whether he intended to bring about the divorce or merely to threaten, and so on. This is the view of the majority of scholars. Some scholars, like Ibn Taymiyyah, are of the opinion that the divorce does not take effect if he did not intend to bring it about, and instead, an expiation for an oath (kaffarat yameen) is required. The preponderant view with us is that intention specifies the general and restricts the absolute in an oath. So, if the husband intended by his oath to prevent his wife from holding his mobile phone for a specific period, he does not break his oath if she holds the phone after that period. Some scholars are of the view that if the wife does the action sworn against, intending to make her husband break his oath, then her divorce does not take effect. Based on the foregoing, the husband should present his case to scholars or a Sharia court.