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Fatwa CenterA wife seeking to divorce her husband
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.
Imam Ibn Qudamah said: '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 of Thabit bin Qais came 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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