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The question

Is a wife entitled to ask her husband for separation without divorce, while continuing the marital life "for the sake of the children" without granting the husband his rights, and if he refuses, she demands divorce or one of them leaving the home, knowing that the husband does not fall short in her rights and desires the return of marital life, but she refuses? And if the husband accepts this implicit separation fearing divorce, is either of them considered sinful?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

It is forbidden for a wife to seek a divorce without a valid excuse, such as if her husband beats or demeans her. However, if she detests him due to ugliness or similar reasons, she is permitted to seek khul' (divorce at the wife's instance). If the wife gives her husband the choice between divorce or remaining married while not fulfilling his rights, the choice is his. But if there is no reason for divorce or khul', the wife sins by seeking it and sins by not fulfilling her husband's rights, and she is considered rebellious (nashiz). In this case, the husband should follow the شرعي (Sharia-prescribed) steps of admonition, abandonment in bed, and non-brutal beating, or send two arbitrators to reconcile between them.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
7040
Imported
Translation status
Source text, unreviewed
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