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

Answered Date: Mar 09,2018

Title: Unhappy marriage.


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.


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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