Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

Iam knew woman ,who got married to a man she knew not.then after some while she decide she could to ask him for a divorce from him .becuase she didn`t love him.and he said no.Is that fair? 

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

Khula divorce

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person,  no grave, no prophet,  no imam,  no dai,  nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant and the seal of His Messengers.

 

If a woman gets married to a man, and subsequently she decides that she does not love him or wants a divorce from the man for any other reason, and the husband declines her request to divorce her; she is well within her rights in Islam to seek a divorce through any Shariah Court.  The Shariah Judge will either instruct the man to divorce her, and if he refuses, the Judge has the power to pronounce a divorce.

 

Although Islam guides towards being and remaining married, it neither allows the husband to keep his wife against her will; nor allows the wife to keep her husband against his will. 

 

Sunan of Abu-Dawood Hadith 2173  Narrated by Abdullah ibn Umar

The Prophet (saws) said: ‘Of all the lawful acts, the most detestable to Allah is divorce.’

 

There are several examples in the times of the Prophet (saws), whereby some of the believing woman sought divorce from their husbands, and the Prophet of Allah (saws) asked the husbands to divorce their wives who sought divorce.

 

Sahih Al-Bukhari Hadith 7.197         Narrated by Ibn Abbas

The wife of Thabit bin Qais came to the Prophet (saws) and said, "O Allah's Messenger (saws)! I do not blame Thabit for defects in his character or his religion, but I, being a Muslim, dislike to behave in un-Islamic manner (if I remain with him)." On that Allah's Messenger (saws) said (to her), "Will you give back the garden which your husband has given you (as Mahr)?" She said, "Yes." Then the Prophet (saws) said to Thabit, "O Thabit!  Accept your garden, and divorce her once."

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me.  Allah Alone Knows Best and He is the Only Source of Strength.

 

Your Brother in Islam,

 

 

Burhan