Question: In Religious nikah, from whom woman will take the authority to divorce in the case of her husband’s insistence on not divorcing her just for the sake of his stubbornness, although their marriage lacks harmony and peace?
If there is also government nikah (marriage act) between them, she will apply to the court. If there is not, the woman cannot decide to divorce by herself, she will consult two arbitrators; one from her relatives and the other from her husband’s relatives. If these arbitrators also decide that their marriage cannot be sustained, they will give the woman the right to divorce. Depending on arbitrators’ decision, the woman can decide to divorce from her husband by giving back a part or whole of the mehr that his husband has given her. This does not require his husband’s approval.
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