Is a wife entitled to seek divorce from her husband who mistreats her and refuses to consummate the marriage or release her?
It is the right of the wife who is able to consummate the marriage that her husband should enter into conjugal relations with her and have intercourse with her after the marriage contract, unless there is an agreement or custom to delay the consummation. The wife has the right to annul the marriage if the husband refrains from intercourse without a valid excuse, by raising her case to the judge to compel the husband to give her her rights or grant a divorce. The husband is not permitted to delay consummation without an excuse or to mistreat her; he must either hold onto her honorably or release her kindly. If he divorces her before consummation and she has a named mahr, then she is entitled to half of the mahr and is not required to observe an ' (waiting period).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 69391
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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