'' Our Lord ! grant us good in this world and good in the hereafter and save us from the torment of the Fire '' [Ameen]
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{in Arab} :->
Rabbanaa aatinaa fid-dunyaa hasanatan wafil aakhirati hasanatan waqinaa 'athaaban-naar/-
(Surah Al-Baqarah ,verse 201)
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salam,i would like to ask about my sister.i m elderbrother and my
father was expired before 10 years,i treat mysister like my daughter
and i fulfill all her demands since my her childhood,now in jan 2012
she was marries after three years of engegment,now after marriage we
knew that they all not financial strong,and her husband not able to
fulfill her requirements,as we are inancialy stable,she afraid no
future with him,and he dout on her all the time as he has a complex
that they are notfinancially strong and he tourcher her all the
time,now my sister residing with us since last5 months,her husband
appologise for all that things they want to take her home,but my
sister strongly refused she dontwant to go with him as she think she
has no future with him because he is not earning sufficient and they
renting the house they are not able to pay rent regularly as well,they
keep telling lie since begining that they are in good financial
condition and he has good job and all that ,now she want divorce,so
what we can do, and what is islam saysabout this,as her husband
refused that,what is girls right for divorse and what is allah says
please guide us we are in trouble thanks.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad
, is His slave and Messenger.
If the husband beats his wife without her being recalcitrant, or that
he beats her severely, leaving scars and marks on her body, then this
is a harm that allows her to ask for divorce; and if thehusband
refuses to divorce her, she may takeher case to the court so that the
judge would oblige him to divorce heror that the judge himself would
divorce her from him. She may as well ask her husband for Khul' due to
the harm he inflicts on her provided that she gives him back her dowry
so that he would divorce her. The same applies if she hates him to a
point that she fears not to fulfill his rights.
As regards the issue of fearing the future and him renting a house and
not owning one, then this is not a legitimate excuse for her to reject
him as a husband, as he is obliged only to provideher with a suitable
accommodation according to his ability; as Allaah Says (what means): {
Lodge them [in a section] of where you dwell out of your means.
}[Quran 65:6]
For more benefit, please refer to Fataawa 86307 and 89039 .
Allaah Knows best.
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