What is the ruling regarding a wife's refusal of marital relations with her husband whom she dislikes, and who does not agree to divorce?
A woman is not permitted to seek a divorce without a valid reason. However, if she finds a reason, such as the husband's negligence or oppression, there is no sin in it. If the wife intensely dislikes her husband to the extent that it prevents her from fulfilling his rights, and attempts at reconciliation fail, then she may seek khul' by returning the mahr, and the husband must accept it.
A wife's refusal to share the marital bed without a valid reason is a great evil. The wife should seek advice from righteous people to help the husband separate from her honorably. As for the husband, he should not retain a wife who is harmed by remaining with him. If he wishes to keep her, he must treat her well and remove the causes of aversion. Otherwise, he should divorce her or agree to khul', and not force her into sin.
The Permanent Committee for Islamic Research and Fatwas has affirmed the permissibility of khul' if the woman dislikes her husband and returns the dowry to him. The Islamic judge (ruler) arbitrates in such disputes.
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