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The question

Is it permissible to waive all rights in exchange for a divorce, and is one religiously penalized for seeking a divorce?

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

A woman is not permitted to leave her husband's house except with his permission or out of necessity. In cases of marital discord, it is preferable for two arbiters to intervene for reconciliation or separation. If the wife dislikes her husband without any harm coming from him, she may seek khul' (divorce at the wife's instance) by relinquishing some of her rights. However, if harm from the husband to his wife is proven (such as his inability to provide maintenance), she has the right to seek divorce without relinquishing any rights. Waiving rights to obtain a divorce is permissible if there is a valid justification, but divorce is not a trivial matter and should not be resorted to unless all means of reconciliation have failed. Reconciliation and living together amicably are preferred, even if it means overlooking some mistakes or waiving some rights.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
130403
Imported
Translation status
Source text, unreviewed
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