Fatwa #201324 January 2001Australia
Dear Mufti I would like to ask can a woman divorce her husband if he wants to marry again. Is that acceptable in Islam?
Answer
Almighty Allah Ta'ala being the Creator of man and woman fully well knows
their temperaments. He has revealed his Shari'ah according to those
temperaments. Our success lies in obeying the laws of Shari'ah. According to
the Shari'ah, only the man has the right of divorce.
Nevertheless, entering into polygamous marriage is not a valid excuse to
annul the marriage. Our advise is that the person exercise patience and time
will heal your wounds. However, if you are unable to do so, then she may
request her husband for a divorce in lieu of cash or kind (Khula). However,
the husband may accept the offer or decline it. (Kifaayatul Mufti vol.6
pg.127)
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
FATWA DEPT.
their temperaments. He has revealed his Shari'ah according to those
temperaments. Our success lies in obeying the laws of Shari'ah. According to
the Shari'ah, only the man has the right of divorce.
Nevertheless, entering into polygamous marriage is not a valid excuse to
annul the marriage. Our advise is that the person exercise patience and time
will heal your wounds. However, if you are unable to do so, then she may
request her husband for a divorce in lieu of cash or kind (Khula). However,
the husband may accept the offer or decline it. (Kifaayatul Mufti vol.6
pg.127)
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
FATWA DEPT.