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Is it permissible for the wife to request divorce from the court, claiming that the husband pronounced divorce several times falsely, knowing that her reason for requesting divorce is the husband's marriage to another woman, and that they have been married for over thirty years and have six children?

1 min readAlso available in العربية

If the wife claims that her husband divorced her, and the husband denies it, then his word is to be accepted, and the default is the continuation of the marriage, unless the wife brings evidence in the form of testimony from two just witnesses. This is because divorce is not wealth, nor is wealth intended by it, and men are usually aware of it. If there is no evidence, then the husband is to be made to swear an oath. Some jurists have held that if the woman brings one witness, the husband is made to swear an oath. If he refuses, the woman swears an oath, and the divorce is ruled in her favor. If they differ on the number of divorces, the husband's word is to be accepted. If the woman knows that her husband divorced her thrice and he denies it, or if this is established with her by the testimony of two just witnesses, then it is not permissible for her to allow him to have conjugal relations with her. She must flee from him and prevent him, and redeem herself from him if she is able. The resolution of these matters is referred to the court, and both spouses must be aware of the seriousness of lying in these matters.

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

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