What is the ruling on a divorce pronounced by a judge without the consent of the spouses, and are the wife's material and moral rights forfeited merely by filing a khul' case?
The ruling on a husband's absence from his wife varies depending on the need for the absence, the consent of the spouses, and the extent of harm inflicted on either of them. If they both agree to the absence with chastity, there is no harm. However, if either of them fears harm, they have the right to demand their due. If the husband does not comply, the wife may request khul‘ (divorce at the wife's instance). Moreover, if you agree to your husband's absence, and he is providing for your maintenance, and no significant harm has befallen you, there is no need to escalate the matter. Khul‘ can only be effected by the wife's request and her consent before a judge. The husband's statement regarding the waiver of material and moral rights is not valid until the khul‘ is legally finalized. You should communicate with your husband, explain the situation, and inform him of your unwillingness to pursue khul‘.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 4643
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- . 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.
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