Is it permissible for a woman to seek divorce through a judge without the knowledge of her husband, who resides in another country, and does this preserve her right to the deferred dowry, especially with the husband's neglect and his family's refusal to give her the remaining part of the dowry?
Marital life is built upon affection, mercy, and overlooking faults. Each spouse has rights and obligations stemming from the marriage contract that must be fulfilled. In cases of discord, the spouses should follow the prescribed Islamic steps: for the husband, admonition, then abandonment in bed, then physical discipline; and for the wife, if she fears high-handedness from her husband, reconciliation. If matters escalate, two arbitrators should be sent, one from each family. The husband must pay the full mahr (dowry), and the wife should grant him a grace period if he is in financial difficulty. The husband must also provide for his wife, unless she is disobedient (nashiz). A wife going to her parents' house without her husband's permission is considered nushuz (disobedience) and nullifies her right to maintenance. The wife has the right to seek separation in case of harm, but it is not permissible without a valid reason. If the husband refuses to divorce when the wife is harmed, she may refer the matter to the Sharia judge.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/47429