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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on requesting divorce due to the husband's mental illness regarding the mahr

Machine translationRead the Arabic original
Question:
After this, a letter was sent by one of the sisters. The sender is your sister in Allah from al-Taif, Abdullah's sister. Abdullah's sister says that she is a young woman at the beginning of her life, and a man proposed to her, but he was afflicted with a mental illness. At that point, she wants to take a divorce from him, as she says, and she asks about the mahr and what was gifted to her. How do you guide her, Shaykh Salih? May Allah reward you with good.

Answer:
It is permissible for a woman to request a divorce if there is a valid legal justification, and this must be done through the judge, through the judge in the court. As for her rights, these are also with the judge; he is the one who rules on them. May Allah reward you with good. So it is necessary to go to the court in that case. This is necessary, and she cannot be cautious except through [the court], may Allah reward you with good. Unless he divorces her of his own accord, or she reconciles with him, reconciling with him on the condition that he divorces her, and she gives him some money. This is called khul' (divorce at the wife's request for compensation). This is valid even if they do not go to the judge. Now, if it is a mental illness, and she mentioned that. Yes, because this is considered a defect, a flaw or a deficiency that entitles her to [divorce] if this illness is permanent with him and causes her harm, if it causes harm to her, she has the right to request khul'. But through the judge, unless they reconcile. May Allah reward you with good.
Source نور على الدرب - الفوزان - 01/132 — archive.org (9:15)

The Arabic text is a machine transcription of the audio recording.

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