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The question

Does a wife's divorce from her husband for harm, due to his marriage to another woman, take effect, and does she have all her rights, including alimony and deferred dowry, knowing that the divorce was decreed by a court without the husband's desire?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

It is forbidden for a wife to seek divorce without a valid reason, as the Prophet, peace and blessings be upon him, said: "Any woman who asks her husband for a divorce without a valid reason, the scent of Paradise will be forbidden to her." The mere marriage of the husband to another woman is not a reason to seek divorce as long as he is just, and the wife who seeks divorce for this reason risks falling under the mentioned warning. It is not permissible to file a divorce suit for this reason, and if one is filed, the judge will not rule for divorce, as divorce is the right of the husband, unless there is a reason to compel the husband to divorce, such as harming the wife or defaulting on maintenance, in which case the judge's divorce is valid.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
176725
Imported
Translation status
Source text, unreviewed
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