Is it permissible religiously for a judicial separation to be granted due to harm inflicted upon the wife? And is it considered a legitimate divorce if the wife refrains from seeking a divorce from a religious scholar and is content with the court's ruling of judicial separation?
If the husband refuses to divorce his wife, and she brings her case before the judge, and the judge finds a valid reason for her divorce, then he may divorce her on his behalf, even against his will. This divorce is valid and enforceable against the husband.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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