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?
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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