What is the Sharia ruling regarding a woman seeking divorce from her husband who refuses to divorce her according to Sharia unless financial conditions are met, knowing that a legal divorce has already occurred, and she has been granted custody of their child and child support, and the husband has not provided for her or had conjugal relations with her for two years?
If the husband did not divorce his wife with an explicit word or an allusive phrase with the intention of divorce, then no divorce has occurred. The wife remains legally his, and a court divorce in this case is not considered valid. It is advised to try to mend the relationship between the spouses through the intervention of wise people, especially if there are children. If reconciliation is not possible, the wife may request Khul’ in exchange for waiving some of her financial rights or some of the child's maintenance. However, if the divorce was issued by the husband and documented by the court, it is binding, and the child's maintenance is obligatory upon the husband, and the wife is not entitled to waive it.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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