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The question

What is the ruling on an oath of divorce in the event that the wife contacts her family without the husband's knowledge, and she intends to make the call for the sake of pleasing Allah and her parents?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

A husband is not permitted to prevent his wife from contacting her mother, as this constitutes cutting off ties of kinship (silat al-rahim). If a husband makes his wife's divorce contingent upon her contacting her mother, this is considered a conditional divorce (ta'liq al-talaq bi shart), and according to the majority of scholars, the divorce takes effect when the condition occurs, regardless of whether the husband intended to bring about the divorce or not. If the wife attempts to contact her mother, divorce occurs according to them. However, Sheikh al-Islam Ibn Taymiyyah holds that if the husband only intended to threaten and prevent, then it is an oath (yamin), but if he intended divorce, then it is divorce. The opinion of the majority is stronger. To avoid cutting off ties of kinship, if the husband prevents phone contact, the wife can communicate through messages or any other means, or her family can contact her.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
72455
Imported
Translation status
Source text, unreviewed
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