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Fatwa #273318 April 2001Canada

Would I still be required to go back with my husband and work it out after I asked for the divorce.

Question

If you know that there are problems in your marriage and you go to counselling to solve them, but it just doesnt work out. Would I still be required to go back with my husband and work it out after I asked for the divorce. If my husband doesnt willingly give me a divorce and I have already been to counselling what would happen?

Answer

Respected Sister-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
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