The World Federation One Stop Fiqh
Search
Menu

Ask an Alim

is nikkah invalid if i say to my wife swear to Allah never show your face

Q:

Asslam Alikum wa Rahmatullah wa Barkatuhu My wife whome I love and care more, recently she went to her family house and there she behave differently it looks someone ill feeding her ears, I tried my best and fight broke out between us and she said she cannot talk with me because she is busy, she used to do same for weeks and being sensitive I said in pain “I swear to Allah I never ever show my face you again, never ever talk with you again”. (If she cant talk with her husband) Now she remind me that “I swear to Allah that I (myself) dont want to have relationship with her” and she said our nikkah is invalid now, I am really confused and I need Islamic views according Shariah.

A:

Bismillah ArRahman ArRaheem
Wa-Alaykum As Salaam

That statement in it self does not invalidate the contract between the husband and wife.  There are a number of rules for a divorce to become valid, importantly, It is also necessary that a man seriously intends to divorce;”.  See Various Rules for Divorce for the various rules and the different kinds of divorce.
english tozih 2016
2507. A man who divorces his wife must be adult and sane, but if a boy of ten years of age divorces his wife, precaution must be exercised. Similarly, a man should divorce of his own free will, therefore, if someone compels him to divorce his wife, that divorce will be void.
Even if you said such a statement and in a moment of frustration and anger, which all three should be avoided (the statement, being frustrated, being angry) and you “swore” to do such a thing, such a swearing does not have an effect, as a condition of an oath to be binding is that it is not said in anger…
See the following:”if he takes an oath involuntarily, or unintentionally, in a state of excitement, the oath will be void. An oath taken for the performance of an act which is haraam or makrooh, is not valid.”
From  /

https://www.sistani.org/english/qa/search/327/

Insha-Allah that helps.
S.L. Al-Hakim