Does divorce occur by saying: "Tell my wife's father that if he does not return my wife before the 'Isha prayer, I will go to the court and give her her document," with the intention of warning and intimidating, and he did not go? What is the ruling on a wife leaving without her husband's consent?
If you have not actually divorced your wife, then the marriage bond remains, and divorce does not occur merely by your utterance [of a word]. The wife's father does not have the right to take her without her husband's permission; otherwise, he is sinful. It is not permissible for the wife to leave her husband's house without his permission, even if her father orders her to, unless there is a legitimate reason. Obedience to the husband takes precedence over obedience to the father when there is a conflict. The spouses should exercise wisdom and understanding, and the intervention of family should be for reconciliation, not for causing discord.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 138237
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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