Is it permissible to request a khulʿ (divorce at the wife's initiative) or divorce from a husband whose absence has been prolonged and whose news has ceased, especially with doubts about his character after he went back on his promises, and what is the ruling regarding the jewelry he gave me in the event of separation?
The questioner is advised to try and reach an understanding with her husband and to confront him with the necessity of adhering to what they agreed upon in the marriage contract, with the possibility of mediation from a person of influence. If that does not succeed and he continues to procrastinate and back down from his commitments without a valid reason, then she has the right to request a divorce from him. In this case, if he agrees to the divorce before consummation, she is entitled to half of the agreed-upon dowry, and the jewelry (shabka) is counted from it if it was considered part of the dowry. However, if he refuses the divorce or to fulfill his obligations, she can refer the matter to the courts to compel him to complete the marriage or for the court to forcefully divorce her from him, with or without compensation, according to the court's discretion, while emphasizing that a Muslim should not be accused of forbidden acts based on suspicion.
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- Original fatwa ID
- 69860
- Imported
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