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The question

Can a judge annul a wife's marriage to her husband if she requests an annulment (khulʿ) and he is unwilling, especially given that he does not fall short in his duties towards her and is religiously and financially committed?

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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 not permissible for the wife to seek khul' (divorce at the wife's instance, by returning the dowry) without a legitimate Shariah reason, otherwise, she would be included in the warning: "The women who seek khul' are the hypocrites." However, if there is a reason, such as her aversion to staying with him and her fear that she might not uphold the limits of Allah, then there is no blame upon her. The general principle is that khul' is not valid except with the consent of both spouses, but sometimes it may be executed without their consent.

Efforts must be made for reconciliation, seeking help from Allah first, and then from wise individuals.

The wife must reside where her husband resides, and it is not permissible for her to refuse without a valid excuse.

It is the wife's right to have a separate dwelling from her husband's family, even if it is a self-contained part with its own facilities within the family home.

The husband should give his wife and his family their rights.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
122261
Imported
Translation status
Source text, unreviewed
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