Category: Marriage (Nikah)
Fatwa#: 39356
Asked Country: Pakistan

Answered Date: Jan 29,2018

Title: Divorcing a woman one was forced to marry

Question

Aoa!

I want to ask on the behalf of my friend.

His mother and siblings enforced him to marry but he didn't interested in her in anyway. Now he wants to divorce her because he don't want to expoil her and his life with this enforced relationshgip. Is that permissible because in this way their iman can weak and till now he didn't accept her is as his wife , imean didn't touch her. Many months have passed. 

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Your question is ambiguous. According to our understanding of your query, the marriage already took place[1] and your friend intends divorcing his wife. If our understanding is correct, your friend should discuss the issue with a senior and respectable member of his family and seek his wise counsel on the issue. He should not hasten in making a decision.

And Allah Ta’āla Knows Best

Aboobakr Siddeeq bin Mufti Amjad Mohammad

Student Darul Iftaa 

Azaadville, JHB, South Africa

Checked and Approved by,
Mufti Ebrahim Desai.

 

 



[1]  الاختيار لتعليل المختار - (3 / 95)

كتاب النكاح ....... ( وركنه الإيجاب والقبول ) لأن العقد يوجد بهما

الجوهرة النيرة - (3 / 478)

( النِّكَاحُ يَنْعَقِدُ بِالْإِيجَابِ وَالْقَبُولِ ) لِأَنَّهُ عَقْدٌ فَافْتَقَرَ إلَى الْإِيجَابِ وَالْقَبُولِ

الدر المختار شرح تنوير الأبصار في فقه مذهب الإمام أبي حنيفة - (3 / 9)

كتاب النكاح ...... ( وينعقد ) ملتبسا ( بإيجاب ) من أحدهما ( وقبول ) من الآخر

العناية شرح الهداية - (4 / 313)

 النكاح ينعقد بالإيجاب والقبول بلفظين يعبر بهما عن الماضي

فتح القدير لكمال بن الهمام - (6 / 274)

النِّكَاحُ يَنْعَقِدُ بِالْإِيجَابِ وَالْقَبُولِ بِلَفْظَيْنِ يُعَبِّرُ بِهِمَا عَنْ الْمَاضِي

مجمع الأنهر في شرح ملتقى الأبحر ـ مشكول - (3 / 31)

كتاب النكاح ...... وَرُكْنُهُ الْإِيجَابُ وَالْقَبُولُ

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