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Since I have been married (9 months) my wife has not let me come close to her. What should I do and what is the shari’a ruling on this?

Answered as per Hanafi Fiqh by Askimam.org

My wife says that she was forced into the marriage and did not want to marry me. She says she does not like me and that she doesn’t think she will ever llike me. she has asked me for Talak but I am not able to go through with this because my heart will never be content for i have always wanted to marry her. it was an arranged marriage and I never thought that this would happen to me!I am a simple brother, who tries to stay on the straight nad narrow path and sometimes fear for my eezat.If you cannot submit an anwser, remember me in your dua’s.

Answer

Rasulullah (Sallallaahu Álayhi Wasallam) said, ‘The most detestable among
the permissible things in the sight of Allah is divorce.’ If there is a
dispute between husband and wife, they should first try to resolve it
between themselves, failing which, Allah says, ‘Two persons representing the
husband and wife respectively should arbitrate and amicably resolve the
dispute.’

As far as possible, a divorce should be avoided. However, after exhausting
all avenues of reconciliation, as a last resort, Allah says, ‘Keep with
principle or release with principle’. If the husband and wife cannot fulfill
their respective duties to one another, then instead of committing a sin of
violating one another’s rights, they should separate. The husband should
release his wife with principle by giving her divorce. In such a situation,
if a wife seeks for a divorce, she will not be sinful. If the husband
refuses to divorce her, she may make Khula, i.e. offer to repay her dowry to
him in lieu of him granting her the divorce. If the husband is still
spiteful and withholds the divorce, the woman may contact the Úlamaa
(scholars) of her locality who are well versed with judiciary principles of
Islam requesting them to annul the marriage.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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