What is the ruling on a wife seeking divorce from her dissolute husband who refuses to divorce her?
The continuity of the marital relationship is hoped for due to the strong bond between the spouses and the firm covenant each has taken upon the other. A wife should not seek divorce from her husband without a compelling need, for Islam came to bring happiness to souls, and a severe warning has been issued against whoever seeks divorce without a valid reason. However, if the marital relationship becomes a source of distress and misery for valid reasons, such as the immorality or depravity of one of the spouses, or their failure to perform obligatory acts of worship, then the wife may ask him for a divorce. If he refuses, she may refer her case to the judiciary to have the harm removed from her.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 34137
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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