'' 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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I married the man I love 3 years back. I did and sacrificed a lot for
him. But he left me for an another married woman without fulfilling
his responsibilities. Now I'm hurt and heart broken. He forced me to
give him a divorce. I did what he said, but I never signed the paper.
Now my parents want me to get married. But that is impossible for me.
I've never thought of any other guy accept my husband. And I don't
want to think. He hurt me a lot. But still I want him to understand
his mistakes and get back in my life. Because he is my husband. Every
day, every moment I pray to Allah to show me the right path. What
Allah says for this situation? What shall I do?
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.
Among the rights of the wife upon her husband is that he has a good
marital relationship with her, and fulfills her confirmed rights by
virtue of the marriage contract. Indeed, we have already issued
Fataawa 85308and 85167on the rights of spouses towards each other, so
please refer to them. Hence, if your husband was negligent regarding
any of your rights without having a sound reason, then he is sinful.
As regards Khul', the scholars defined it as the separation of the
husband from his wife in return for a compensation which he takes from
her or from anyone else ]like her guardian[ while he utters words such
as "I grant you Khul'" and the like. For more benefit, please refer
to Fatwa 89039.
If this is what happened, and you accepted it, then Khul' has taken
place. As regards your statement 'he forced me to give him a divorce',
then if you mean that Khul' had taken place under moral compulsion,
then this is not an impediment from it taking place unless it reaches
the state of extreme compulsion which the scholars restricted to it
being from someone who could execute what he says, and it is
predominantly thought that he would execute what he says while there
would be a great harm involved, like killing or severe beating and the
like. This is the kind of compulsion that prevents the act done under
compulsion from being effective.
On the other hand, Khul' is one irrevocable divorce )with minor
separation( according to the preponderant view of the jurists. When
Khul' takes place, then the husband cannot take back his wife, and she
cannot go back to him except with a new contract - if this is not the
third divorce. But if it were the third divorce, then she becomes
divorced an irrevocable divorce )with major separation( and she is not
lawful for him unless she marries another man ]a valid marriage and he
consummates the marriage with her and then he divorces her or dies[.
For more information about the kinds of divorce, please refer to Fatwa
82541.
Based on the above, it is permissible for you to try to get back to
your husband if there is a legitimate way to it. Nonetheless, if your
husband does not want you any more, then you should not be attached to
him, especially if he takes girlfriends as there is no good in such a
husband in that case. Rather, you should supplicate Allaah to bless
you with a better husband, as men are so many, and you should not
refuse to remarry on the pretext that you do not want anyone except
your first husband. As regards love sickness, its treatment has
already been clarified in a Fathwa.
Allaah Knows best.
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