When is it acceptable for women to seek separating from her husband?

· 8 Shawwal 1423 AH1 min readFatwa 7454English

Question

Can you please explain is there any instance when a women is allowed to seek separating from her husband?

Answer

According to our understanding of separation, you mean annulment.

There are instances in Shari?ah when a woman is permitted to seen an annulment in marriage from her husband. The function of annulling a marriage is conducted by a judicial committee comprising of competent Ulama. When a woman applies for an annulment of marriage, they will consider that application only if there are valid grounds in Shari?ah to annul the marriage. Obviously, the judicial committee will also have to follow Shar?ee procedures in annulling the marriage. One of the valid grounds for annulling a marriage is the husband is not maintaining the wife ? that is not providing clothing, shelter and food.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

Answered by
Mufti Ebrahim Desai
Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

Fatawa SA is an independent, read-only index of fatawa already published by Darul Iftaa Mahmudiyyah. It is not a fatwa service. For your own situation, please ask a Mufti. Report an issue

For corrections or mistakes, please email us at fatawasa786@gmail.com.