Is a wife considered divorced if her husband forces her to stay and she lives with him against her will?
A wife is not permitted to seek a divorce without a legitimate Shar'i (Islamic legal) excuse, due to the : "Any woman who asks her husband for a divorce without any harm (or strong reason), the scent of Paradise will be forbidden to her." Your husband's refusal to divorce you does not constitute a divorce, nor does it make you unlawful to him. Divorce is in the hands of the husband and does not occur unless he pronounces it or a judge issues it. Your situation does not fall under the ruling of marriage by coercion. We advise you to try and adapt to your husband. If you are unable to do so because he is harming you, then you may refer the matter to the Shar'i judiciary. If he is not harming you but you dislike remaining with him, you may request a divorce or khul' from him. Before the divorce occurs, you remain his wife.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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