Must I obey my family and seek a divorce from my husband, who is imprisoned on charges of indecency, especially since he has not yet consummated the marriage with me, or should I remain with him and wait for him in the hope of his guidance, knowing that my family is unaware of my contact with him and refuses my staying with him?
If something arises concerning the husband that compromises his suitability after the marriage contract, neither the wife nor her guardians have the option (to annul the marriage), nor do they have the right to prevent the continuation of the marriage, unless there is a benefit in freeing her from him. In that case, only her father may arrange a khul' (divorce initiated by the wife in exchange for compensation) with the husband on her behalf using her money, even without her consent, if the husband agrees. They are not to compel her to abandon him unless it is a situation where she is permitted to seek divorce. If she does not seek it herself, they may ask her to do so. However, if the request for divorce is without harm (to her), she is not permitted to obey them. If she fears harm from them, she may refer the matter to someone who can ensure her safety.
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