Is a wife considered divorced, according to Sharia, after obtaining a divorce decree from the Supreme Court of Canada, given that the husband did not pursue the divorce claim he had previously filed?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
A husband's turning away from his wife and abandoning the marital bed for a long period permits her to seek divorce due to harm. Imam Malik stated that Umar ibn Abd al-Aziz obliged those absent from their families to either return or divorce their wives. Ibn Taymiyyah's view is that abstaining from intercourse necessitates annulment, even if the husband did not intend harm. However, it is not permissible to resort to man-made courts; rather, one must resort to an Islamic center or a court to resolve the matter.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/47389
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- Ftawy
- Original fatwa ID
- 47389
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy