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The question

What should a wife residing in a non-Muslim country do if she wishes to annul her marriage contract, and there is no Islamic body to do so, and the positive law does not support annulment? And should she resort to khul' (divorce at the wife's instance) in the event that annulment is impossible, due to harm inflicted upon her by the husband and his refusal to divorce her?

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

What the husband does by way of cursing, insulting, and humiliating is unlawful according to Sharia and permits the wife to seek divorce, not annulment, which has specific prerequisites. It is advised to be patient and not rush into seeking a divorce due to the harms that may result, especially for the children. The wife should strive to reconcile with the husband, advise him, and remind him of Allah. If he persists in harming her, then she may seek a divorce. If the husband refuses to grant a divorce, the matter can be raised with Islamic centers. If he refuses to submit to Sharia arbitration, it is permissible to refer the matter to secular courts, while consulting scholars to ratify the judgment if it conforms to Sharia or amend it if it contradicts it. It is preferable for the wife to resort to Khul’ (divorce by mutual agreement where the wife gives compensation) to avoid resorting to secular courts.

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Where this answer came from
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Ftawy
Original fatwa ID
105284
Imported
Translation status
Source text, unreviewed
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