NAJIMUDEEN M - INDIA : Fathwa,

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Question
How I can get divorce if my partner refuses and is asking for money?
Answer
Praise be to Allah, the Lord of the World; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
If the disagreement reached the degree that a wife cannot live in harmony with her husband, then she can sue her husband in an Islamic court in her country. The Judge will take a decision after looking in her case. He may issue a decree enjoining her to continue her marital life, or granting her divorce in exchange with some money or other property to be paid to the husband or even for free.
In fact, it is among the merits of Islamic Sharia that a husband is allowed to divorce his wife and a wife to demand divorce if there is no way to a happy life.
It is strictly forbidden for a husband to oppress or be unfair with his wife just to force her to demand a divorce. Allah Says )interpretation of meaning(:}… and you should not treat them with harshness, that you may take away part of the Mahr you have given them, …{]4: 19[.
In the same manner, Allah forbids asking for divorce without a legal reason. The Prophet )Sallallahu Alaihi wa Sallam( said:"Any woman who seeks divorce from her husband without being harmed in anyway, the smell of Paradise is forbidden for her"]Ahmadand the Imams of Sunans[.
Allah knows best.

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