What is the Islamic legal ruling on the case of a woman whose husband expelled her from the home several times, and she is now with her family who refuse to return her to him, while neither spouse desires a divorce and they have two children, and should a case of discord be filed?
If a disagreement arises between the spouses, it is obligatory to refer to the Shari'ah by following Allah's saying: (And if you fear dissension between the two, send an arbiter from his people and an arbiter from her people. If they both desire reconciliation, Allah will cause them to agree. Indeed, Allah is Ever Knowing, All-Aware.) We advise patience and seeking two reliable arbiters from the husband's family and your family, out of consideration for the marital relationship and the children. There is no objection to referring the matter to the judiciary if reconciliation is impossible through the two arbiters. Your family has no right to compel you to seek a divorce, as it is solely your right. We advise against resorting to the judiciary now, as it often escalates the problem.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/31872
- Source platform
- Ftawy
- Original fatwa ID
- 31872
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy