Did the wife err in the stance she took by going to her family's house and asking to present her husband to a shaykh? And does her divorce take effect if she says to her husband, "You are unlawful to me," or "I have divorced myself from you"? And does the husband's divorce take effect by his saying to his wife, "If I do not return home tonight, then I am divorced"?
If the husband is oppressive, curses, and beats without reason, there is no sin upon the wife if she curses him back, provided she does not exceed the Sharia limits, such as cursing (la'n) or slandering (qadhf). Her forbidding herself to him does not affect the marriage contract, and she must offer an expiation for breaking an oath (kaffarat yamin). A woman divorcing herself is null and void and does not take effect.
As for the husband's message suspending divorce on the wife not returning home that same night: divorce has taken place due to her not returning within the specified time, and this is the view of the majority of scholars. If this is the first or second divorce, it is a revocable divorce (talaq raj'i), and a return (raj'ah) occurs if she returns to his house before the 'iddah (waiting period) ends and the husband takes her back through word or action. However, if her return is after the 'iddah has ended, she has become irrevocably separated from him by a minor separation (baynunah sughra), and a new contract and dowry are required to marry her. If this is the third divorce, she has become irrevocably separated from him by a major separation (baynunah kubra), and he is not permitted to marry her unless she marries another husband, he consummates the marriage with her, and then he divorces her.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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