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The question

What is the religious ruling on a wife seeking khul' from her husband who has abandoned her, is unlawfully consorting with another woman, is taking her money, and refuses 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 is advised to make a final attempt to reform the husband who engaged in an illicit relationship. If he does not respond, then khul' (dissolution of marriage initiated by the wife) is the solution. Remaining with such a husband brings no good and may corrupt her religion and character.

As for the money taken by the husband: if it was a loan, he must repay it. If it was a gift, the wife may reclaim it, especially if he has ill-treated her, because in such cases, the gift is often given to avert his harm or out of fear of divorce. Ibn Taymiyyah and Al-Mardawi mentioned the permissibility for a woman to retract what she gifted to her husband if she suffers harm from him.

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Ftawy
Original fatwa ID
95681
Imported
Translation status
Source text, unreviewed
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