Scholars during its fifth session, held in the city of Ta’if between the 5th and the 22nd of Sha‘ban, 1394 AH.
After examining the research—together with the statements of the scholars, their proofs, and the ensuing discussion—and after deliberation, the Council unanimously resolved the following:
– The judge is to begin by advising the wife: encouraging her to yield to her husband and obey him, warning her of the sin and punishment of nushūz (recalcitrance), and informing her that, should she persist, she forfeits her right to maintenance, clothing, housing, and similar entitlements. He may employ whatever measures he deems likely to prompt her return to her husband and deter her from continuing in her disobedience.
If she remains aloof and unresponsive, the judge shall offer the couple reconciliation. Should they reject it, he is to counsel the husband to separate from her, explaining that her return appears unlikely and that goodness may be found with someone else—wording that might persuade him to let her go.
If the husband insists on keeping her and refuses separation while discord persists, the judge appoints two upright arbiters who know the couple’s circumstances—preferably relatives from each side; if that is not possible, then qualified outsiders. If reconciliation is achieved through them, well and good; otherwise, the judge must make the husband understand that he is obliged to grant her khulʿ, provided she returns the mahr he gave her. Should he refuse to pronounce divorce, the judge rules according to the arbiters’ recommendation, separating them with compensation or without.
If the two arbiters cannot agree, or if they are unavailable, and living together in kindness has become impossible, the judge himself reviews the case and annuls the marriage, with or without compensation, as the Sharīʿah requires.
The basis for this ruling is found in the Quran, the Sunnah, the transmitted reports, and sound reasoning:
As for the Quran, the Exalted says, “There is no good in most of their secret talks, except in the case of those who enjoin charity, goodness, or reconciliation between people” (Q 4:114). This verse encompasses