Is it permissible for a wife to seek dissolution (khul') if the husband strikes her due to her disobedience (nushuz) and withholds her rights?

General Chapter

Al-Mughni

Book of Khul' (Redemption Divorce)

Book 38 · Issue 1 · Bab 1

Open in Qurani

Primary text

It is not forbidden for the wife to seek dissolution (khul') if the husband strikes her due to her disobedience (nushuz) and prevents her from receiving her rights. This situation does not prevent them from fearing that they will not uphold the limits of God. Evidence for the permissibility of separation in cases of harm comes from the narration of Habibah, who was married to Thabit ibn Qays. When he struck her and broke a rib, she came to the Prophet (peace be upon him). The Prophet called Thabit and commanded him: 'Take some of her wealth and separate from her.' This was done, as narrated by Abu Dawud.