Does a man’s swearing (shatm) at his wife invalidate the marriage?

Dear Brother / Sister,

The marriage is not invalidated if a man insults (swears at) his wife. However, if the insult includes a word that requires talaq (divorce), the marriage will be invalidated.

According to Hanafi madhhab, the divorce uttered by a sane man who has reached the age of puberty becomes valid. It does not matter whether he is a free man or a slave, whether he has divorced her of his own accord or due to the pressure of somebody else. However, according to Maliki madhhab, the divorce of a forced person is not valid. (al-Jawharatun-Nayyira)

Islam has always protected the institution of marriage. It does not approve of divorcing a woman indiscriminately; it does not allow a man to harm the honor of a woman by uttering words of divorce as a joke or just for the sake of conversation. Therefore, it is accepted that if a man says to his wife as a joke or just for the sake of conversation, “I have divorced you”, the divorce is valid.

The Messenger of Allah (pbuh) said,

“Three things are regarded as serious even if they are uttered jokingly: Marriage, divorce and taking back a wife.” 

Similarly, if a man stumbles and divorces his wife by mistake, divorce takes place. Therefore, a believer has to be very careful when he does or utters something and he has to control himself.

Clear divorce is divorce that is uttered through certain words that are distinct and that reflect the aim. Since it is clear, intention is not necessary. When it is uttered, it becomes valid; intention is not taken into consideration. The following expressions and similar ones are clear: “You are divorced. I have divorced you.”

If divorce is uttered through ambiguous words, intention is taken into consideration because the words that are uttered can mean divorce or some other things. Therefore, scholars say divorce that is expressed through ambiguous words becomes certain only through intention because it is not clear in which sense the words are used.

Accordingly, divorce does not occur when a person insults or swears at his wife or his wife’s mother without the intention of divorce.

For detailed information, see: Celal Yıldırım, İslam Fıkhı.

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