Is a judge entitled to divorce a wife who is very ill and unable to continue the marital life, even if the husband does not agree to it, if doctors confirm her condition?
It is permissible for a wife who is harmed by the continuation of the marriage to seek a khul' (divorce initiated by the wife by returning the dower or other compensation) from her husband, based on the general meaning of Allah's Almighty saying: "And if you fear that they will not uphold the limits of Allah, then there is no blame upon them for what she gives up to free herself." (2:229) The original principle is that khul' occurs by mutual consent, but scholars have differed on whether the husband can be compelled to accept it if he refuses. Some consider it recommended, while others consider it obligatory, such as Sheikh al-Islam Ibn Taymiyyah and Sheikh Ibn Uthaymeen, due to its role in preventing discord and animosity. Given the differing opinions of jurists, judicial rulings may vary from one country to another.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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