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What is the jurisprudential ruling on a woman seeking divorce from her husband who is sentenced to life in prison, and is patience better, or is it permissible for the woman to emigrate alone to a Muslim country?

1 min readAlso available in العربية

A woman is permitted to request a divorce due to harm if her husband is imprisoned and she is harmed by the cessation of conjugal relations or financial support. This is the view held by the Malikis and preferred by Ibn Taymiyyah. Indeed, it may even become obligatory for her if she fears falling into sin.

If the husband does not divorce her of his own accord, the matter should be referred to an Islamic center to arbitrate the case, because separation in such instances requires a judge's ruling or the mutual consent of the spouses. Islamic centers act in the capacity of a judge in non-Islamic countries.

As for a woman emigrating alone to an Islamic country, it is permissible out of necessity for the purpose of practicing her religion, but with deliberation, seeking divine guidance (istikharah), consultation, and choosing a safe place.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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