Note: Historically, violence was primarily understood as physical violence or at least its most evident form. In recent decades, however, new categories have emerged, including psychological, verbal, visual, and other forms of violence. With respect to women’s rights, verbal violence—beyond physical violence—can be directed against both wives and husbands. Some scholars and researchers consider a husband’s repeated threat of divorce to constitute an instance of verbal violence. Hujjat al-Islam wal-Muslimeen Dr. Sayyid Muhammad Mousavi Sadiq, a doctoral candidate in Women’s Studies and Head of Branch 248 of the General Civil Court of Tehran, is among the most qualified authorities to thoroughly investigate this matter. The complete text of this exclusive scholarly note from the perspective of this expert in women’s judicial studies is presented below:
Regarding the shar‘ī and legal ruling on threatening a wife with divorce, it should be noted: From the fiqhī standpoint, threatening a wife with divorce or imposing legitimate restrictions, when done with the intent of causing harm (iḍrār) or instilling fear (ra‘b), is haram and, in certain cases, may even render the perpetrator liable to ta‘zīr. Legally, if the threat of divorce is intended to inflict psychological harm, it may fall within the scope of the crime of threat as defined in Article 669 of the Islamic Penal Code.
Fiqhī Analysis
From the fiqhī viewpoint, one must first examine the general ruling concerning threat in Imami jurisprudence and then determine whether threatening divorce falls under that ruling. This discussion is therefore divided into two parts.
A) The General Ruling on Threat in Imami Fiqh
Any form of threat—including threat of divorce or of legitimate restrictions—accompanied by the intention to harass and torment is haram according to Imami fiqh. The following evidences support this position:
- The Noble Qur’an: “And do not harm them in order to oppress them” (Qur’an 65:6). This verse explicitly forbids all forms of harm, including verbal threats.
Hadiths: The Prophet (peace be upon him): “The believer is affectionate; there is no good in one who neither shows affection nor receives it.”
Imam Ali (peace be upon him): “Beware of hastening to anger, for it breeds rancor.”
Opinions of the Jurists: The fuqahā’ unanimously hold that any form of harm or torment toward a spouse is prohibited. Some have explicitly classified threatening a wife with divorce (absent shar‘ī justification) as a type of harm and therefore haram:
Imam Khomeini (may Allah have mercy on him) ruled in Tahrir al-Wasilah that any torment or harm to a spouse—even verbal—without shar‘ī grounds is haram.
Ayatollah Makarem Shirazi has stated in his collected fatwas: “Threatening a wife with divorce without shar‘ī justification, if it results in psychological distress, is haram.”
B) Does Threat of Divorce or Legitimate Restrictions Constitute Verbal Violence?
If the threat is issued with the intention of causing distress, it constitutes verbal violence and is haram—for example, repeatedly pressuring a wife psychologically with statements such as “If you do not comply, I will divorce you.”
Conversely, if the threat serves to enforce a legitimate shar‘ī right without any intent to harass—for instance, warning against leaving the home without proper shar‘ī hijab—then it does not constitute verbal violence; the aim here is adherence to divine law, not harm.
Fiqhī Conclusion
Threatening divorce or imposing legitimate restrictions is haram and amounts to verbal violence (potentially liable to ta‘zīr) when accompanied by the intention to cause harm or instill fear.
Legal Analysis
From the legal perspective, we examine whether threatening divorce or legitimate restrictions constitutes verbal violence and carries penal consequences, addressing first the threat of divorce and then threats concerning restrictions such as preventing exit from the home.
A) Is Threat of Divorce a Criminal Offense?
Under Iranian law, a threat of divorce is not inherently criminal; however, it becomes prosecutable if it meets specific conditions. Article 669 of the Islamic Penal Code provides:
“The crime obtains when:
- The threat concerns harm to life, property, honor/dignity, or legitimate liberty.
- Example: ‘If I divorce you, I will take the children away’ (emotional and financial harm).
- Penalty: Imprisonment from two months to two years, or up to 74 lashes.”
Persistent threats of divorce may therefore qualify as psychological violence.
B) Is Threatening Legitimate Restrictions (e.g., Preventing Exit from the Home) a Crime?
If the restrictions are themselves legitimate—such as prohibiting association with corrupt company—then threatening enforcement of them is not criminal. However, if the restrictions are unlawful (e.g., preventing education or lawful employment), the threat may fall under Article 669 of the Islamic Penal Code.
[1] Qur’an, at-Talaq: 6.
[2] Muhammad Baqir al-Majlisi, Bihar al-Anwar, vol. 64, p. 304.
[3] Nahj al-Balagha, Wisdom 340.
[4] Tahrir al-Wasilah, vol. 2, p. 315.
[5] Istifta’at, vol. 2, p. 152.