Is advising a Christian woman to divorce her Muslim husband, who abuses her, does not provide for her, and has relations with other women, considered incitement (takhbib)?
Regarding the aforementioned marriage (), its validity depends on the fulfillment of its pillars and conditions, the most important of which is the guardian's (wali's) permission. If it was concluded without the guardian's permission, it is invalid. The guardian of a Christian woman is from among her own people of faith. If no such guardian exists, then her marriage is undertaken by the Muslim judge, or by their bishops according to the Maliki school of thought.
As for the condition that the wife remains a virgin, this is an invalid condition and does not affect the validity of the contract. The husband has the right to consummate the marriage, and she is not permitted to refuse. If she refuses, she is considered disobedient (nashiz) and her right to maintenance (nafaqa) is forfeited.
If the husband treats her poorly and steals her money, he is an oppressor, and he should be advised and reminded of Allah. If he persists in his oppression, it is better for her to separate from him, and there is no harm in assisting her in obtaining a divorce. This is not considered incitement (takhbib) unless it is done with the intention of corrupting the wife against her husband.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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