Will the wife be sinful if she leaves the marital home and seeks a divorce due to continuous problems with the husband and the pressure from his family upon him, and is she entitled to live alone with her children after the divorce, and what are her rights regarding the dowry, gold, and clothes that the husband bought for her?
If a husband mistreats his wife, watches pornographic films, and engages in forbidden masturbation, his wife is permitted to seek divorce or khul‘ (divorce at the wife’s instance, usually for compensation). The warning mentioned in the hadith, "Any woman who asks her husband for a divorce without any strong reason, the scent of Paradise will be forbidden to her," does not apply to her. This warning applies to those who seek divorce without a necessity or a legitimate Shar‘i reason.
It is not permissible for the wife to leave the marital home without her husband’s permission as long as she is still under his marital authority, except in cases of necessity. Even after a revocable divorce, she must remain in the marital home until her 'iddah (waiting period) expires.
If the husband divorces his wife unconditionally, she is entitled to her full prompt and deferred mahr (dowry), and all the rights of a divorced woman. According to the majority of jurists, the husband is not entitled to reclaim the clothes he provided for his wife after the divorce.
It is advisable to be patient and strive to reform the husband, help him repent from forbidden acts, and reach an understanding with him to treat her kindly. Divorce should not be sought unless all avenues of reform have been exhausted, as divorce is not a minor matter and should not be resorted to except when all means of reconciliation become impossible.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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