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Is the divorce of a woman by a judge, based on harm she has sustained, considered invalid, with the the woman remaining under the marital authority of her previous husband unless he divorces her?

1 min readAlso available in العربية

The basic principle is that divorce is in the hands of the husband. However, jurists have agreed upon the permissibility of a judge granting a divorce at the wife's request in cases of material or moral harm. In this specific case, two valid reasons for divorce have converged: non-maintenance and verbal abuse/cursing, both of which permit the wife to request a divorce. Therefore, the statement that the wife is still married to her former husband is incorrect.

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

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