When is divorce permissible? And does the Sharia judge compel the negligent husband to fulfill his obligations, or does he pronounce a divorce?
It is permissible for a man to divorce his wife when there is a need, just as it is permissible for a woman to seek divorce due to harm or fear of not being able to uphold the limits set by Allah.
If a husband withholds some of his wife's rights, such as maintenance or intercourse, or absents himself from her without a valid excuse, the judge obliges him to fulfill the right. If he fails to do so and the wife requests a divorce, the judge will issue a divorce on his behalf.
If the wife is subjected to harm, such as beating, cursing, or unjust abandonment, she has the right to demand that the judge compel the husband to cease the harm, or to request that the judge divorce her from the husband if she chooses divorce.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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