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The question

Did a divorce take place by agreement to deceive, and by having one of the friends tell the wife "you are divorced" over the phone, and is the husband entitled to compel his unconsummated wife to have marital relations?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If the coercion to marry was genuine, then the marriage is invalid, and she has the right to refuse and request separation. However, if her dislike for the person is without genuine coercion, then the marriage is valid.

If the dowry has been paid and she has been requested to move into the marital home, she has no right to refuse.

If she abstains from her husband without a valid excuse, she is considered disobedient (nashiz) and loses her right to financial support (nafaqah). You are permitted to refrain from divorcing her until she waives the dowry, or a portion of it.

She is not obligated to house you in her apartment; she has a right to suitable accommodation.

If you divorce her before consummation, you are not permitted to live with her.

As for deception to make the wife believe that divorce has been initiated or to force her into intimacy, an answer cannot be provided due to insufficient knowledge of the actual facts of the incident.

It is advisable to present the matter to a Sharia court or to trusted scholars.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
187674
Imported
Translation status
Source text, unreviewed
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