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Is it permissible for the Sharia Court to annul a marriage contract while preserving the wife's financial rights, in the event that the husband refrains from spending on her and their children and claims that no divorce has occurred, or is it obligatory to compel his family to testify to that?

1 min readAlso available in العربية

It is preferable to refer such claims and disputes to the Sharia court or competent authorities, such as Islamic centers, as they serve in place of the Sharia judiciary. The Sharia judge is the one who makes the decision based on what he hears from both parties.

For your benefit, it can be stated: 1. If the husband denies the divorce and the wife has no proof, then his word is accepted, as the original state is the continuation of the marriage. 2. Giving testimony has details. 3. It is not permissible for the husband to oppress his wife to make her ransom herself from him without a legitimate reason; otherwise, the khula (divorce by mutual consent) is void and the compensation is refundable. 4. It is forbidden for a man to neglect the maintenance of those for whom he is responsible. You have the right to claim maintenance for the daughters and the wife if her divorce from him is not proven during the period of non-expenditure.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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