Fatwa #398215 October 2001United States of America
my husband is a nice man, but i do not love him, is it permissiable to seek divorce?
Question
assalamu alaikum. I am extermely unhappy in my marriage. From the first day of our union, there were differnces. we tried everything for a peaceful or happy home. we dont have children and its been a year and a half of marriage. i knew my husband before marriage, and i feel misleadby him. His family do not want me and make thier dissaproval evident. He has been given a choice by his father to chose me or the family. In the light of recent events, i feel we have a very troubled marriage ahead. im also not sexually satisfied. I did the istakhara, and i dreamt my brother helping me out for a divorce, and on another occassion, my husband and i are arguing, leading to a divorce. Please help me i am not sure what i should do. JazakhAllahu khairun
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%0AFATWA DEPT.%0D%0A