The Majlis Archive

Nikah (Marriage) - Talaaq (Divorce) The Majlis Vol 21 No 01, p.2

Please let me know what is the process when the wife wants divorce and the husband refuses?

Question

Please let me know what is the process when the wife wants divorce and the husband refuses?

Answer

If the wife has no valid Islamic (Shariah) grounds for divorce, then it is haraam for her to ask her husband to divorce her. Such a woman will be deprived of even the fragrance of Jannat. However, if she has a valid reason, then she may ask her husband to divorce her. If he refuses, she may tempt him with a sum of money to divorce her. This is called Khula' which is a mutual agreement between the husband and wife. It cannot be unilaterally imposed on any of the parties. If he still refuses, then she should apply to the local Ulama in her town for annulment of the Nikah. The Ulama will or should then investigate her case. After following the due procedure of the Shariah, if they find valid grounds, they will annul the marriage. But, if the wife has no valid Shar'i grounds, the marriage cannot be annulled.

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