Question
If religious law requires the consent of both spouses for divorce, what is the legal evidence for the judge's order to approve the divorce without the husband's consent, and what are the reasons for the judge to force the husband to agree?
Answer
I say, and with God's guidance: Khula' (divorce initiated by the wife) is not permissible without the husband's consent in all gifts, and the judge is not allowed to enforce it without the husband's approval; as it is contrary to Islamic law, and God knows best.