Fathwa, - Woman asking for divorce

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Question
When can a woman ask for divorce?
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.
A wife is required to be patient with her husband and to treat him kindly, since this is her duty.
The Prophet )Sallallahu Alaihi wa Sallam( said:"If a woman performs the five daily prayers, fasts, the month of Ramadan, keeps her chastity and obeys her husband, it will be said to her: enter Paradise through any of its gates you wish". ]Ahmadfrom'Abdul Rahman Ibn 'Auf[. The Prophet )Sallallahu Alaihi wa Sallam( also said:"Had I ordered one to prostrate to another, I would have commanded a woman to prostrate to her husband". ]al-Tirmizi[.
So, a woman is not allowed to ask her husband to divorce her without a genuine reason such as impotency, ill-treatment, etc... In fact, she is required to honor the strong bond of marriage since the Prophet )Sallallahu Alaihi wa Sallam( said:"A woman who asks her husband to divorce her without a legal reason, the Paradise scent will be forbidden for her". ]As-Haab al-Sunan from Thawban[.
But, if she finds no way to gain the love of her husband and in turn to love him, and she fears violating Allah's Orders, then she can seek al-Khul' )i.e. divorce in return for monetary compensation to be paid by the wife to the husband(.
ImamIbn Qudamah)may Allah's Mercy be upon him( said: 'By and large, if a woman hates her husband due to some defect in his character, religion or body, and she fears neglecting his rights on her, then she is allowed to seek al-Khul'.
Allah Says )interpretation of meaning(:}…. Then if you fear that they would not be able to keep the limits ordained by Allah, then there is no sin on either of them if she gives back )the Mahr or a part of it( for her Al-Khul' )divorce(. …{]2: 229[.
In the same vein, the wife ofThabit Ibn Qaiscame to the Prophet )Sallallahu Alaihi wa Sallam( and asked him:"O Allah's Messenger! I do not carp atThabitconcerning his religion or morals, but I fear dishonoring his rights' then, the Prophet )Sallallahu Alaihi wa Sallam( said: "Will you give him back his orchard )i.e. which was given as her Mahr(?" She replied: 'Yes, and I returned it back to him'; and the Prophet )Sallallahu Alaihi wa Sallam( orderedThabitto divorce her". ]Reported by Imamal-Bukhari[.
Allah knows best.









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