Is it permissible for a woman to divorce her husband who has not consummated the marriage with her, and what is the legal basis for that?
A woman is permitted to seek Khul’ (divorce initiated by the wife) if she dislikes her husband due to his unattractiveness or bad character, as did the wife of Thabit ibn Qays with the Prophet, peace and blessings be upon him. In such a case, she must return his mahr (dowry). There is no difference in this regard between a woman with whom consummation has occurred and one with whom it has not. However, seeking Khul’ or divorce without a legitimate legal justification is not permissible, and women who seek Khul’ without an excuse are considered hypocrites. If a woman is divorced before consummation, she 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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- Original fatwa ID
- 63723
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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