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FatwaFederal TerritoriesMarriage & Family

IRSYAD HUKUM SIRI KE-886: HUKUM ISTERI MENUNTUT CERAI KERANA SUAMI DIPENJARA

Is a wife permitted to seek divorce because her husband is imprisoned?

Short answer

A wife is permitted under Islamic law to seek divorce when her husband is imprisoned, and she has the right to choose between continuing or dissolving the marriage.

Federal TerritoriesOpinion (irsyad)

A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.

Authority
Federal Territories Mufti Office
Date
Status
Opinion (irsyad)
Series
Irsyad al-Hukum (Umum)
Topic
Marriage & Family

No evidence of gazettement in the source — this is not a gazetted fatwa.

Summary

A wife is permitted under Islamic law to seek divorce when her husband is imprisoned, and she has the right to choose between continuing or dissolving the marriage. The Maliki school allows it if the absence exceeds one year and is without a valid excuse. She may also claim maintenance during that period if the husband is able to provide it. Patience is regarded as better if she can bear it, and couples are advised to consult the State Syariah Court.

Written in our own words from the original fatwa — check the source before acting on it.

Hukum isteri meminta cerai kerana suami dipenjara adalah dibenarkan di sisi syarak bahkan isteri berhak untuk membuat pilihan sama ada untuk meneruskan atau membubarkan perkahwinan.

Excerpt from the original fatwa · Federal Territories

Read the full fatwa on the Federal Territories website (new tab)

How to cite

Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.

Federal Territories Mufti Office. “IRSYAD HUKUM SIRI KE-886: HUKUM ISTERI MENUNTUT CERAI KERANA SUAMI DIPENJARA”, 7 February 2025. https://muftiwp.gov.my/ms/artikel/irsyad-hukum/umum/6123-irsyad-hukum-siri-ke-886-hukum-isteri-menuntut-cerai-kerana-suami-dipenjara. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/wife-seek-divorce-husband-imprisoned/

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Evidence cited

Books

  • al-Mughni (Ibn Qudamah)

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