Is it permissible for the wife to refuse reconciliation and declare that she will not return to her husband after the first problem, refusing even to discuss the reasons?
A woman is not permitted to seek khul' (divorce at the wife's instance, by returning the dower) without a valid reason, because the Prophet, peace and blessings be upon him, said: "The women who seek khul' are the hypocrites." If she insists on refusing (to stay with him), she is defiant (nashiz), and her husband may discipline her. However, if she seeks khul' for a legitimate reason, such as harm inflicted by the husband, or her aversion to him fearing she will not fulfill his rights, then there is no blame upon her, and it is recommended for the husband to grant her request. If the husband refuses, she may refer the matter to the judge. The woman seeking khul' is not obliged to mention the justifications for her request.
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- Source platform
- Ftawy
- Original fatwa ID
- 150877
- Imported
- Translation status
- Source text, unreviewed
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