Category: Divorce (Talaaq)
Fatwa#: 39953
Asked Country: United States

Answered Date: Mar 09,2018

Title: Unhappy marriage.

Question

Assalamu Alaykum, a friend of mine is in need of help regarding another individual. I tried directing them to local ulama but it seems that they'd rather get help virtually. Anyway her enquiry is as follows: A girl is married and she doesn’t love her husband. It’s been a year since she got married. She wants to divorce him bc they are both not happy however the husband won't divorce her and even wants to have a child but the girl refuses to. This girl needs mashwera as to what to do in such situation.

Answer

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

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

May Allah guide the individual in reference.

 

The individual should be advised to discuss her feelings with her senior family member and seek their wise counsel on the issue. [i]

 

The girl should also be advised to be patient and turn to Allah with Salah and Dua.

 

Allah Ta’āla says:

 

{يَاأَيُّهَا الَّذِينَ آمَنُوا اسْتَعِينُوا بِالصَّبْرِ وَالصَّلَاةِ إِنَّ اللَّهَ مَعَ الصَّابِرِينَ} [البقرة: 153]

 

Translation: O you who have Iman, seek help through patience and prayer. Truly, Allah is with the patient. 

 

And Allah Ta’āla Knows Best

Rabiul Islam

Student Darul Iftaa
Detroit, Michigan, USA 



[i]  {وَإِنْ خِفْتُمْ شِقَاقَ بَيْنِهِمَا فَابْعَثُوا حَكَمًا مِنْ أَهْلِهِ وَحَكَمًا مِنْ أَهْلِهَا إِنْ يُرِيدَا إِصْلَاحًا يُوَفِّقِ اللَّهُ بَيْنَهُمَا إِنَّ اللَّهَ كَانَ عَلِيمًا خَبِيرًا} [النساء: 35]

 

الهداية في شرح بداية المبتدي (2/ 261 م: دار احياء التراث العربي - بيروت - لبنان)

 

تابع كتاب الطلاق. باب الخلع:

 

" وإذا تشاق الزوجان وخافا أن لا يقيما حدود الله فلا بأس بأن تفتدي نفسها منه بمال يخلعها به " لقوله تعالى: {فَلا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ} [البقرة: 229] " فإذا فعلا ذلك وقع بالخلع تطليقة بائنة ولزمها المال "

 

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