Back to search
The question

What is the Islamic legal ruling on the case of a woman whose husband expelled her from the home several times, and she is now with her family who refuse to return her to him, while neither spouse desires a divorce and they have two children, and should a case of discord be filed?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

If a disagreement arises between the spouses, it is obligatory to refer to the Shari'ah by following Allah's saying: (And if you fear dissension between the two, send an arbiter from his people and an arbiter from her people. If they both desire reconciliation, Allah will cause them to agree. Indeed, Allah is Ever Knowing, All-Aware.) We advise patience and seeking two reliable arbiters from the husband's family and your family, out of consideration for the marital relationship and the children. There is no objection to referring the matter to the judiciary if reconciliation is impossible through the two arbiters. Your family has no right to compel you to seek a divorce, as it is solely your right. We advise against resorting to the judiciary now, as it often escalates the problem.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
31872
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
Read the full ruling
Read the full answer on Ftawy