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What is the ruling of Islamic law concerning a husband who mistreats his wife and her family, does not financially support them, prevents her from visiting her family and completing her studies, refuses to divorce her unless she forfeits her deferred dower (mu'akhar sadaq), and threatens to leave her in limbo if she seeks khul' (a wife's right to divorce)? And is the court entitled to divorce her in his absence?

1 min readAlso available in العربية

The sister is advised not to resort to court and seek divorce, but rather to try to reconcile with her husband. If reconciliation is not possible, and she prefers to separate from her husband without court proceedings, she may waive her deferred dower (mahr), and this is considered Khul'.

However, if resorting to court is unavoidable, it is better for her to demand her right to maintenance for herself and her child, in accordance with what is customary, or to request annulment of the marriage due to non-maintenance. This is better than seeking Khul' because Khul' involves compensation that she would waive. She may also request to continue her studies if she stipulated that in the marriage contract. As for the court's ruling of Khul' in the absence of the husband, scholars have differed on the permissibility of issuing a judgment against an absent person, subject to certain conditions.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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