Back to search
The question

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?

Share this answer

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

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 Sharia court or its equivalent.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
148206
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy