Is it permissible for a wife to appoint a Sheikh to divorce her from her husband who refuses divorce, especially since she suffers from his ill-treatment and abuse, given that she lives in a non-Islamic country and divorce proceedings there may be lengthy?
A woman is not permitted to seek divorce except for a valid reason. A husband's failure to provide for his wife, forcing her into mixed-gender work environments, exposing her to harassment and ill-treatment, and compelling her to engage in unlawful sexual intercourse are all valid reasons that permit divorce. If the husband refuses to divorce and there is no judge available, the wife should take her case to an Islamic center or to those responsible for the Muslim community, so they can request the husband to divorce her. If he refuses, they should divorce her in place of a Sharia judge.
Seeking recourse through secular courts is permissible for obtaining rights and redressing grievances in countries not governed by Sharia, provided that one refers back to the bearers of Sharia to determine the religious ruling. If a woman obtains a civil divorce, she must then approach Islamic centers to finalize the matter Islamically. Civil courts alone are not sufficient to divorce her; rather, she needs a qualified Sharia authority, such as an Islamic center.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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