How can a Muslim woman dissolve her marriage contract Islamically if her husband refuses to divorce or khul‘? What is the ruling on resorting to German courts in this situation? Can the filing of divorce papers in German courts be considered a legitimate annulment despite the lengthy duration and procedures? And how is a marriage contract dissolved for spouses who are only married Islamically without legal documentation?
If the wife has a legitimate Islamic reason to seek divorce (ṭalāq) or annulment (khulʿ), it is commendable for her husband to respond to her request. If the husband does not respond, or if a Muslim judge does not rule on it, the wife remains under his marital authority. This authority does not end merely by her request for divorce or by the ruling of secular courts, as it is fundamentally impermissible to resort to them. It is obligatory to resort to Islamic centers, and the waiting period (iddah) begins from the moment the husband pronounces the divorce or the judge rules it.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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