The ruling on separation when the wife is not satisfied by her husband

Question

Question: The husband is not impotent, but the woman says: “In general I have much hardship in my in-laws’ home, but the greatest hardship is from my husband” (from her statement it appears that the wife’s desire is not satisfied); “I will not be able to bear it any longer, and I cannot stay with him at any cost.” And the husband does not agree to a separation. Does a Shari‘a council or a qadi have the right to effect a separation (tafriq)? If not, what can be done?

Answer

If the wife admits that consummation (dukhul) took place (even if she is not satisfied), then she has no right to demand separation (“Shami”). That is the formal rule; but in such circumstances the husband himself ought to take heed: he should either get treatment or, having regard for his wife’s feelings, set her free.

Source: Fatawa Mahmudiyya

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