Is a woman entitled to seek divorce from her husband whose characteristics she dislikes and to whom she finds it difficult to grant his marital rights, especially if she wishes to marry another man who could ensure her chastity?
It is permissible for a woman to seek divorce from her imprisoned husband if she is harmed by the lack of conjugal relations or financial support. This is the chosen opinion of the Malikis and Sheikh al-Islam Ibn Taymiyyah.
The fundamental principle is that seeking divorce is not permissible except for a valid excuse, such as the husband's absence, his ill-treatment, or her intense dislike of him that prevents her from fulfilling his rights, based on the Prophet's (peace be upon him) saying: "Any woman who asks her husband for divorce without a sound reason, the scent of Paradise will be forbidden to her." If the wife dislikes her husband due to his bad character or appearance, it is permissible for her to seek khul' (divorce initiated by the wife by returning the dower).
The wife must fear Allah, protect her husband's honor, safeguard him in his absence, and sever all ties with any non-mahram man who might have designs on her. If the prison term expires, and the husband's absence prolongs, and the wife is harmed, it is permissible for her to seek a divorce and marry someone else. However, it is not advisable to marry someone who attempted to corrupt the marital relationship.
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- Original fatwa ID
- 7868
- Imported
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