Establishing Recalcitrance (Nushuz) in Order to Divorce

Question

There are also people who, intending to give talaq, harass the woman in all sorts of ways so that “she refuses to live with me, and I, having proven her to be nashiza (a recalcitrant wife), may act on the Shari‘a ruling concerning a nashiza.” What is the Shari‘a ruling about such people? And will the wives of such people also be called nashiza because of their refusal?

Answer

What need does the husband have for this? He can give talaq even when there is incompatibility.

Source: Fatawa Mahmudiyya

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