Is the wife entitled to seek divorce and khulʿ, and threaten to defame her husband because he previously suffered from intrusive thoughts concerning her sister, despite his recovery from them and his refusal to divorce in order to preserve his family's stability?
If a wife requests divorce or khul' (a form of divorce initiated by the wife) due to a legitimate Islamic reason, such as harm or an aversion to her husband that prevents her from fulfilling his rights, then there is no blame upon her. However, she is not permitted to expose her husband or speak ill of him without a valid, recognized interest. If, however, she requests separation due to a past sin from which the husband has repented, or due to obsessions from which he has recovered, then she has no right to do so. She must fear Allah and beware of the stern warning in the Prophet's (peace be upon him) saying: "Any woman who asks her husband for divorce without any ba's (harm or strong reason), the scent of Paradise will be forbidden to her." This means that the request should not be without hardship or harm that justifies seeking divorce.
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- Ftawy
- Original fatwa ID
- 168802
- Imported
- Translation status
- Source text, unreviewed
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