What is the Sharia ruling on a wife's insistence on divorce without the husband's consent, and does this affect her rights or the children's status according to Sharia?
If the husband intended divorce by saying, "Choose," and the wife intended divorce by saying, "I choose my family," then her divorce has occurred, and she is entitled to all the rights of a divorced woman. However, if they did not intend divorce, then it has not occurred. If the divorce has not occurred and she is seeking it without a valid reason, the husband has the right to refuse divorcing her until she waives some of her rights. The husband's insulting of his wife and her family grants her the right to seek divorce, according to some scholars. Family intervention is recommended for reconciliation or divorce, and in case of dispute, the matter should be referred to the court or its equivalent.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/148206
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 148206
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy