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Question
Recently a friend asked me if a wife has a good reason to divorce her husband, can she do that by giving him back the present he gave her on the first day of their marriage, and if she needs witnesses to do that? I have already advised my friend to think deeply on what she is thinking about. I hope, Insha Allah, she will think clear with the help of Allah before she take any decision.
Answer
Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
A wife should be patient with her husband, and should deal with him kindly and wisely as this is an obligation upon her. The Prophet )Sallallahu Alaihi wa Sallam( said: "If a woman performs the five daily prayers, fasts the month )of Ramadan(, guards her chastity and obeys her husband, it will be said to her: “Enter Paradise through any of its gates you wish". ]Ahmad[
The Prophet )Sallallahu Alaihi wa Sallam( also said: "If I were to order anyone to prostrate himself before another, I should order the woman to prostrate herself before her husband". ]Al-Tirmizi[
She is not allowed to ask divorce without any legal reason. She should respect the strong covenant )marriage( that is between her and her husband. The Prophet )Sallallahu Alaihi wa Sallam( said: "Any woman who asks divorce from her husband without a legal reason, the scent of Paradise will be forbidden for her". ]Ashab al-Sunan from Thawban[
However, if a woman totally fails to get her husband's love and affection and fears that it may lead her to surpass the rulings of Shariah, in this case, she may ask for Khula’ )divorce initiated by the wife( against giving her husband back the Mahr )bridal money or property given to the bridegroom at the marriage contract( he had paid.
ImamIbn Qudamahsaid: 'If a wife dislikes her husband’s behaviour, character, religion, old age, weakness or the like and if she is afraid of not being able to fulfill his rights then she is allowed to ask Khul’a by giving him a compensation )Mahr or part of it( to free herself'. Allah Says )interpretation of meaning(: }….Then if you fear that they would not be able to keep the limits ordained by Allâh, 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[.
The wife ofThabit bin Qaiscame to the Prophet and said, "O Allah's Apostle! I do not blame Thabit for defects in his character or his religion, but I, being a Muslim, dislike to behave in un-Islamic manner )if I remain with him(." On that Allah's Apostle said )to her(, "Will you give back the garden which your husband has given you )as Mahr(?" She said, "Yes." Then the Prophet said to Thabit, "O Thabit! Accept your garden, and divorce her once."
Allah knows best.
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NajimudeeN M
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Question
Recently a friend asked me if a wife has a good reason to divorce her husband, can she do that by giving him back the present he gave her on the first day of their marriage, and if she needs witnesses to do that? I have already advised my friend to think deeply on what she is thinking about. I hope, Insha-Allah, she will think clear with the help of Allah before she takes any decision.
Answer
Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
The woman does not divorce as divorce is in the hands of the husband. But the fact that the woman gives back the Mahr to her husband in return for his divorcing her is calledKhulu’and it is also in the hands of the husband.
On the other hand, it is unlawful for the woman to ask for divorce unless there is a legal reason for that. The Prophet )Sallallahu Alaihi wa Sallam( said: “Any woman who asks her husband to divorce her, although he did not cause her any harm, the smell of Paradise is forbidden for her”. ]Abu Dawud and Al Tirmizi[
It is likeable in Shariah to ask a person or more to bear witness for divorce orKhulu’but it is not an obligation. Allah Says )interpretation of meaning(: }…And take for witness two just persons from among you )Muslims(……{]65:2[.
Finally, we advise this woman, and indeed all other women, not to ask for divorce orKhulu’unless she is incurring an evident harm that she cannot overcome. And before doing so, she should seek the advice of others and makeIstikhara.
We ask Allah to ease the matters of all Muslims and guide them all to the right path.
Allah knows best.
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Question
How can a woman who is married to a Muslim )and she is not Muslim( get a divorce?
Answer
Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
It is not permissible for a Muslim to marry a non-Muslim, except if she is among the People of the Book, i.e. a Christian or a Jew. For this marriage to be valid, the woman has to be chaste; the evidence is the Saying of Allah: }Made lawful to you this day are AtTayyibât ]all kinds of Halâl )lawful( foods, which Allâh has made lawful )meat of slaughtered eatable animals, etc., milk products, fats, vegetables and fruits, etc.(. The food )slaughtered cattle, eatable animals, etc.( of the people of the Scripture )Jews and Christians( is lawful to you and yours is lawful to them. )Lawful to you in marriage( are chaste women from the believers and chaste women from those who were given the Scripture )Jews and Christians( before your time,…{]5:5[.
Therefore, if the said woman is a Christian or a Jew, then the marriage is correct, and the rulings about marriage apply to them. If for instance she hates her husband and the social relations between them had become impossible, then she can ask for divorce from him, if he accepts then there is no problem. However, if he refuses, she can suggest giving him an amount of money in exchange of him divorcing her. If she is harmed by staying with him, then she can take the matter the Islamic courts, which can grant the divorce on his behalf. However, if the woman is an atheist or upon any kind of disbelief, then it is not valid for a Muslim to marry her in the first place and she does not need a divorce to be separated from him. If your marriage is in the last category and it is registered in the legal system then you can seek redress through the courts, because Islam does not recognize such a marriage.
Allah knows best.
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