Fatwa #26267 April 2001Saudi Arabia
How can I get separation from my husband as I don't have any feelings for him and I afraid that I shall not be able to perform my bound duties for him according to Islam.
Question
Dear Mufti Saheb/ Assalamu Alykum On my father's force I got married. In fact, I was not willing for this and I had already told the boy to cancel this proposal from his side before marrainge. He did not do it and my marriage took place. Last one year, inspite of my try, I am not getting any feelings for him. Please advise me how I can get separated from him. He wants to use me even I don't have feelings for him. My husband is in Jeddha and I am in Dammam. Can I send him notice through Dammam Sharia Court or I must go to Jeddha? Can I give wakala to my father or relative to work in this matter. I shall eagerly wait for your reply.. Allah will reward you for this.
Answer
Respected Brother-in-Islam%0D%0A%0D%0AAssalaamu Alaykum Wa Rahmatullaahi Wa Barakaatuhu%0D%0A%0D%0ARasulullah (Sallallaahu %C1layhi Wasallam) said, 'The most detestable among%0D%0Athe permissible things in the sight of Allah is divorce.' If there is a%0D%0Adispute between husband and wife, they should first try to resolve it%0D%0Abetween themselves, failing which, Allah says, 'Two persons representing the%0D%0Ahusband and wife respectively should arbitrate and amicably resolve the%0D%0Adispute.'%0D%0A%0D%0AAs far as possible, a divorce should be avoided. However, after exhausting%0D%0Aall avenues of reconciliation, as a last resort, Allah says, 'Keep with%0D%0Aprinciple or release with principle'. If the husband and wife cannot fulfill%0D%0Atheir respective duties to one another, then instead of committing a sin of%0D%0Aviolating one another's rights, they should separate. The husband should%0D%0Arelease his wife with principle by giving her divorce. In such a situation,%0D%0Aif a wife seeks for a divorce, she will not be sinful. If the husband%0D%0Arefuses to divorce her, she may make Khula, i.e. offer to repay her dowry to%0D%0Ahim in lieu of him granting her the divorce. If the husband is still%0D%0Aspiteful and withholds the divorce, the woman may contact the %DAlamaa%0D%0A(scholars) of her locality who are well versed with judiciary principles of%0D%0AIslam requesting them to annul the marriage.%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMufti Ebrahim Desai%0D%0AFATWA DEPT.%0D%0A%0D%0A