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Fatwa #993515 January 2004India

My cousin sister is going thru a hard-time in her life. Her husband things that she has an illicit relationship, so wants to get Divorced.

Question

My cousin sister is going thru a hard-time in her life. Her husband things that she has an illicit relationship, so wants to get Divorced. But my cousin to my knowledge has been a sincere and pious girl. How can I help get their relationship back on track. They married about an year back and her husband is abroad. Past six months he has not been calling each other. Any Arbitration has not helped till now. Please help & let me know what is the prescribed islamic way to handle these situations.

Answer

Please do forgive me for this long delay in responding to your mail. You wrote about your cousin's marital problems.%0D%0A%0D%0AIf her husband is accusing her of having an affair without supplying any proof for his allegations, then he is acting contrary to Sharia. He has to be confronted on your cousin's behalf and asked to produce the proof. I suggest that you ask her parents to intecede on her behalf. In the abscene of her parents, her uncles or brothers should attempt to speak to her husband to clear the matter.%0D%0A%0D%0AYou are her cousin and thus not her mahram. Her husband could easily turn the tables on you and accuse you of being the cause of their marital breakdown. Even if your intentions are clear, I suggest that you approach a learned scholar or a respected elder if no mahram can help her to sort out this matter satisfactorily.%0D%0A%0D%0AIs she certain that divorce is the most responsible action to take in this matter? They have been married for a short time and have not really had the chance to get to know each other. Please inform the institute if more assisstance is needed.%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0A1SOCIAL DEPT.%0D%0A%0D%0ACHECKED & APPROVED: Mufti Ebrahim Desai
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