Can the judge initiate the order for divorce or effect the divorce itself?

General Chapter

Al-Mughni

Book of the Oath of Abstention (Ila')

Book 41 · Issue 6 · Bab 1

Open in Qurani

Primary text

The judge cannot command the divorce nor effect it unless the wife requests it, because divorce is her right. The judge acts only to enforce her right, which necessitates her request.