Took an oath on her husband's insistence Fatwa No: 90237
- Fatwa Date:23-6-2005
Once my husband ordered me to swear on God that if I talked loudly in front of him then I am divorced so I swore by God that if I talked loudly in front of him then I would stand divorced thrice. Now I need to know that where do I stand. If I ever spoke loudly then would I be divorced and how to get rid of it. Remember it was me who took the oath on my husband's insistence.
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
You have to keep in mind that Islamic law made a husband in charge of his wife as Allaah says (which means): [Men are in charge of women by [right of] what Allah has given one over the other and what they spend [for maintenance] from their wealth.][Quran: 4:34] This is to manage the affairs of a family through a person who can look after it as is the usual case in any establishment in the world. Being in charge here means having more responsibilities and extra burden on a husband and he will be held accountable for that in front of Allaah, the Glorified and the Exalted. The Prophet said: "A husband is a trustee and he will be held accountable for his trust."
Islamic law made her husband's obedience incumbent upon a woman, as long as he does not order her to commit a sin. The Prophet said: "If I were to order someone to prostrate to other than Allaah, I would have ordered the wives to prostrate to their husbands for the great right Allaah made due to them from their wives."
So, you are not allowed to raise your voice on your husband in any case. If you do so you are sinful, because in such case you are being disobedient to your Lord and disregarding your husband who is one of the gates through which you enter Paradise. The Prophet said: "If a woman performs the five daily prayers, fasts the month of Ramadan, guards her chastity, obeys her husband, it is said to her enter the Paradise through any door you wish."
As for your husband's saying "swear by Allaah, your are divorced thrice if you raise your voice in front on him", basically it the sole right of a husband to divorce his wife. However, jurists agreed that a husband can transfer his right to his wife and can authorize her to divorce herself. If she chooses divorce the divorce is effective. The Shaafi'ee jurists are of the opinion that authorizing a woman to use a conditional divorce is not allowed since the divorce should take place at the same time.
We understood from your question that the husband ordered his wife to make the divorce conditioned to raising her voice; it is, in fact, authorizing a woman a conditional divorce. So, nothing results from such saying. If you mean something else then you have to make it clear.
Allaah Knows best.