Does a divorce take place and is this considered the second divorce after the husband swore by divorce upon his wife if she smoked a shisha and she did, then he swore by it upon her again if she raised her voice or cursed the children and she did?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Divorce before consummation and privacy is an irrevocable divorce, and the husband does not have the right to take her back except with a new contract and a guardian. If the new marriage contract was concluded without a guardian, and the husband believed in the validity of the marriage according to the of Abu Hanifa, then the contract is valid, especially after a long period has passed. Consequently, the second divorce occurred to the wife, and the husband has the right to take her back before the expiration of her . This is the we follow regarding divorce by oath, and it is the view of the majority of scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 130393
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy