What is the ruling on the action of a husband who severely beats his wife for the purpose of intercourse, while also failing to provide for her, and how should the wife, who is seeking a divorce in this situation, act?
Non-brutal beating of the wife is a permissible remedy for her reformation, representing the third stage after admonition and abandonment, as stated in Surat An-Nisa (4:34). Financial support (nafaqa) is only obligatory for the wife if she enables the husband to enjoy her. If the wife desires a divorce for a legitimate religious reason and the husband refuses, she may resort to the courts. One must be cautious about seeking divorce without a legitimate religious reason, as the Prophet, peace and blessings be upon him, said: "Any woman who asks her husband for a divorce without any strong reason, the scent of Paradise will be forbidden to her." Before seeking divorce, the wife must follow the steps of reconciliation, for Allah Almighty says: (And reconciliation is best). The questioner should advise his parents to live together amicably to preserve the family.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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