Do the mentioned reasons constitute a legitimate Shar'i justification for divorce, or are they an injustice to the wife, with the agreement that she relinquish her rights?
The answer included several points:
1. It is not permissible for the wife to refrain from adorning herself for her husband when she is able to, and this is considered 'nushuz' (disobedience/rebellion).
2. It is not permissible for her to leave her home without her husband's permission, and this is also considered 'nushuz'.
3. The majority of scholars hold that she is not obligated to cook for her husband, as this is not part of conjugal enjoyment.
4. It is not permissible for her to harm her husband with words or deeds, and her bad character permits his divorcing her.
5. The agreement of the spouses to divorce in exchange for the wife relinquishing her rights is a permissible khul' (divorce at the wife's instance) if there is a valid reason for it.
Based on the foregoing, the divorce of the wife is not an injustice to her, given their agreement on khul' and the aforementioned reasons indicating her bad conduct. However, if it is possible to reform the wife through admonition, that is better than divorce.
Summarized from the full answer at Ftawy · imported
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- Ftawy
- Original fatwa ID
- 119260
- Imported
- Translation status
- Source text, unreviewed
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