Will I be sinful if I remain in a state of suspension due to my refusal to divorce and my family's shyness regarding resorting to the judiciary, and will I be considered disobedient (nashiz)?
It is not permissible for a woman to seek divorce from her husband without a reason, unless she intensely dislikes him to the extent that it prevents her from fulfilling his rights. In such a case, she has the right to request khul' by returning the mahr, as did the wife of Thabit ibn Qays.
If the husband refuses divorce or khul', the woman has the right to resort to the Sharia judge to decide the matter. If she does not resort to the court and returns to her home, she must grant the husband his rights, including conjugal rights, otherwise she would be disobedient (nashiz) and sinful.
It is forbidden for the husband to harm his wife and leave her in a state of suspension—neither a wife nor divorced. Rather, he must either retain her honorably or release her kindly.
The wife should exercise patience, forbearance, and consider her husband's good qualities before seeking a divorce. However, if the conflict becomes intractable and solutions are ineffective, Allah has legislated divorce or khul' as an exit for both of them.
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- Ftawy
- Original fatwa ID
- 9302
- Imported
- Translation status
- Source text, unreviewed
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