Is it permissible for a husband who cannot enforce his wife's obedience and threatens her with what is forbidden, to swear an oath, knowing that he does not pray or fast with proper ritual purity?
A wife's obedience to her husband in what is right and proper is among the most obligatory duties. The husband, in turn, must treat his wife with kindness. Threatening her with divorce at every disagreement is not a form of kindness. The husband does not have the right to prevent his wife from working if this was stipulated before marriage, unless the work goes against Islamic law. The majority of scholars hold that an oath of divorce takes effect if the condition sworn upon occurs. Scholars differ regarding an oath using the word '' (forbidden), and the preponderant opinion is that its ruling depends on the husband's intention. Swearing by divorce or by 'haram' is prohibited. The wife must exert effort to reform her husband and explain the danger of abandoning prayer. If he responds and maintains his prayers, then all is well; otherwise, she has the right to seek a divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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