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The question

Is it permissible for the wife to seek divorce for harm from her husband who has abandoned her, loves another woman, and does not provide for her, knowing that she has returned to her home country and the husband has refused to divorce her?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The wife erred by traveling with her daughter without the father's permission, because the custody of the daughter is a right for both parents as long as the marriage exists, and because the father has a greater right to custody when the parents live in different domiciles. As for the wife traveling herself without the husband's permission, there is no harm in it if it is due to the husband withholding financial support, because in this case, the husband does not have the right to detain her. The wife should strive for reconciliation with her husband, and if that is not possible, she should refer the matter to the judiciary to seek divorce or custody.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
160841
Imported
Translation status
Source text, unreviewed
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