Back to search

What is the legal ruling for a woman whose marriage contract was tied to a man when she was a child, then she refused to marry him, then, as an adult, she agreed to the contract but refused to live with him, so she returned the dowry, then the husband agreed with her to divorce her in exchange for a sum of money, and when the money was handed over, he tried to harm her, and then after that the husband was afflicted with an accident that left him bedridden? Is she considered his wife legally? And must she wait until the husband's death, or can she take her case to the official courts?

1 min readAlso available in العربية

The basic principle is that the marital bond remains until a divorce occurs. If a man makes his wife's divorce conditional on her paying a certain amount, the divorce takes place when the condition is met. We have not found any statements from jurists regarding whether enabling the husband to access the money is equivalent to taking possession of it. However, jurists have mentioned in various contexts that enabling access is like fulfilling or utilizing something.

In cases of disputes, it is best to refer the matter to the Sharia court or its equivalent. If this is not possible, then one can refer to Islamic centers or a qualified scholar. If there is a necessity to take the matter to a secular court, there is no harm in doing so, with the caveat that any divorce issued by such courts is not valid under Islamic law unless it is issued by the husband himself.

As for the man's attempt to burn his wife and her relative, this is a grave evil and an act of killing a soul which Allah has forbidden, except by right.

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

Read the full answer on Ftawy