Is it permissible for a woman to seek divorce due to emotional abuse from her husband's brother and mother, her husband's poor treatment, and his threats of divorce, while he is aware of what is happening and takes no action?
A wife has the right to reside in an independent dwelling, and she is not obliged to live with her husband's relatives. Her departure to avoid harm does not make her disobedient (nashiz). A conditional divorce takes effect upon the occurrence of the condition, according to the majority of jurists, whether the husband intended the divorce or not. This is the we adhere to, contrary to Sheikh al-Islam Ibn Taymiyyah, who holds that only an expiation for an oath (kaffarat al-) is required if the husband did not intend the divorce. It is advisable to be patient, try to solve the problem with wisdom, seek arbitration from reasonable people, and supplicate to Allah.
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Reviewed by El Fatwa's sharia committee.
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