Is it permissible for a woman to seek divorce (talaq) and annulment (khul’) from her husband who has abandoned her and refused to pay her rights, and would she incur sin by doing so?
Justice between wives is obligatory, and whoever oppresses one of them has been threatened with severe punishment.
We advise the wife to sit with her husband and remind him of her rights and his duties.
If the husband insists on his injustice, the wife has the right to demand a divorce, and if he refuses, she may take the matter to court.
A husband deserting his wife without cause is a justification for seeking divorce.
If the husband divorces her, he must fulfill all her rights, including the advance and deferred portions of the dowry, and any debts he owes her.
To obtain all her rights, the wife should request a divorce from the judge, not a khula'.
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- Original fatwa ID
- 108888
- Imported
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