Is it permissible for me to return to my husband, who is weak in faith and who asked me for a usurious loan, while my family strongly objects to this return and is forcing me to divorce him?
Divorce is a right reserved solely for the husband, not for the wife or her guardians, unless she requests divorce from the husband due to harm, and if he refuses, the case is then referred to the courts. If the husband regrets his weakness in religious commitment, and the wife is not harmed by continuing to live with him, then it is not permissible for her to request a divorce from him, nor for her guardians to request it, because that would be inciting the wife against her husband, which is forbidden. A woman who has been given a revocable divorce is considered like a wife, and inciting her [against her husband] is forbidden. Since the questioner is pregnant, neither she nor her guardians have the right to refuse reconciliation if the husband desires it. However, if continuing the marriage causes her harm (such as insulting or beating her family), then she has the right to seek a divorce to remove the harm.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 37439
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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