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Fatwa #26527 August 2000Pakistan

Since I have been married (9 months) my wife has not let me come close to her. What should I do and what is the shari'a ruling on this?

Question

My wife says that she was forced into the marriage and did not want to marry me. She says she does not like me and that she doesn't think she will ever llike me. she has asked me for Talak but I am not able to go through with this because my heart will never be content for i have always wanted to marry her. it was an arranged marriage and I never thought that this would happen to me!I am a simple brother, who tries to stay on the straight nad narrow path and sometimes fear for my eezat.If you cannot submit an anwser, remember me in your dua's.

Answer

Rasulullah (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%0A
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