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What is the ruling on a woman remaining married Islamically without documentation, when her husband has abandoned her and refrained from spending on her and from sexual intercourse, and has refused to divorce her, after she has given birth from him?

1 min readAlso available in العربية

First: The marriage contract must be officially registered in the courts to protect rights and prevent manipulation.

Second: If the marriage was legitimate (with a guardian, witnesses, and public announcement), a lawsuit can be filed to prove it in court, compelling the husband to treat his wife kindly or to divorce her amicably. However, if it was not legitimate, it is necessary to know how it was conducted to determine its legitimacy.

Third: If the marriage took place in a non-Islamic country, such as France, and the husband refused to divorce, the matter can be raised with the Islamic center. Its director would act as a judge and compel the husband to divorce if he does not treat his wife kindly. Alternatively, the woman can agree with the husband on a khul' (divorce by mutual consent) and waive some of her rights in exchange for the divorce.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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