The ruling on separation when the wife feels aversion to her husband

Question

Question: The wife has come to feel a kind of aversion to her husband, and she in no way wishes to live with him; she would prefer suicide, but does not wish to live with her husband, and the husband is not willing at any price to agree to khul‘ (divorce for a consideration) or talaq. In such a situation, what way of separation (tafriq) can be found? Does a Shari‘a council or a qadi have the right to separate them?

Answer

If the husband fulfils (her) rights, separation cannot be imposed by force; rather, the husband should be persuaded to agree to talaq, whether for a consideration or without one. For the husband too, the safest course is to give talaq in exchange for the mahr.

Source: Fatawa Mahmudiyya

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