Is the woman considered sinful for remaining away from her husband, and what should she do when she does not wish to return to him, and finds herself unable to seek a divorce (khulʿ)?
Allah commanded husbands to treat their wives with kindness, as He Almighty said: (And live with them in kindness). That is: make your words and actions pleasant and your appearance good for them, and as He, the Glorified, said: (And due to them is [reciprocation] similar to that due from them, in a just manner).
Shunning one's wife and refraining from speaking with her without a cause is not part of living with kindness; rather, it is harmful to her. Therefore, the husband must treat his wife with kindness.
The wife may give the husband one last chance. If he continues his shunning and mistreatment, she may ask for a divorce. If the husband insists on not divorcing, she may resort to the court or seek khul'.
The wife should seek help through patience, prayer, remembrance of Allah Almighty, and recitation of His Book.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 7432
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy