What is the way to solve a marital problem that has persisted for 12 years, given the wife's refusal of polygyny or divorce, and the husband's fear of sin and his falling into perplexity?
The Shari'ah has made the husband the guardian (qawwam) over his wife, so the wife must obey him in what is good. Her disobedience (nushuz) is her deviation from his obedience in what is obligatory upon her. If she is disobedient, the husband may discipline her through the legitimate steps. If she does not return (to obedience), an arbitrator from his family and an arbitrator from her family should be sent to reconcile. If the problem persists, divorce is a solution, or marrying a second or more wives for the one whose first wife does not make him chaste. If polygyny is not possible, patience and supplication for reform are required. Each spouse has rights and obligations, and polygyny is legally permissible.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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