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The question

Is it permissible for a judge to annul the marriage between a couple in the event of the husband's rebellion (nushuz) and his refusal to divorce his wife, citing evidence from the Quran, Sunnah, and the opinions of the Four Imams?

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

If it is proven by evidence to the judge that the husband is harming his wife, he may separate them if the wife requests separation, based on the : "There should be no harm nor reciprocating harm." If the wife does not desire separation, then the ruler will rebuke him and restrain him from her. The Malikis have stipulated that the harmed wife has the right to request divorce for this reason, and she may divorce herself by order of the judge, or the judge may divorce her. As for other jurists, they do not see this as permissible unless the harm reaches the point of discord, in which case the judge sends two arbitrators to reconcile between them, and if they do not reconcile, they separate them.

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Ftawy
Original fatwa ID
76885
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