The inquirer states that his daughter was married four years ago, but the marriage was not consummated because she was still a student. After the marriage contract was concluded, the father discovered that his daughter’s husband was engaging in acts prohibited under Islamic law, which led him to seek a divorce for his daughter. His daughter also wishes to be divorced from her husband. The inquirer requests the ruling of Islamic law and civil law regarding his filing a lawsuit on her behalf to seek a divorce from her husband.

Marriage in Islamic law is a verbal contract concluded through an offer and its acceptance made in a single session, using expressions that denote the marriage agreement, by individuals who are legally competent to enter into contracts. If both spouses are Muslim, the contract must be concluded in the presence of two adult, sane Muslim witnesses. The witnesses must hear the offer and its acceptance and understand that the words exchanged before them constitute a marriage contract. A marriage contract is considered valid when it is fulfills all the pillars and conditions established by Islamic law, giving rise to all of its legal effects, including the permissibility of marital relations, the establishment of children’s lineage in accordance with its conditions and inheritance rights.

Based on the above, if the marriage mentioned in the question fulfilled the above-mentioned pillars and conditions, it is considered valid in all respects and gives rise to all of its legal effects. If it is subsequently established that the husband has verbally, physically, or materially harmed his wife before or after consummating the marriage, she is entitled in such a case to file for divorce. If the court finds that the wife has suffered physical or emotional harm at the hands of her husband that a woman in her position should not be expected to endure, and reconciliation between the spouses proves impossible, the court will grant her an irrevocable divorce (talaq ba’in). This ruling is based on the facts stated in the question.

And Allah Almighty knows best.