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My husband is a nice man, but i do not love him, is it permissiable to seek divorce?

Answered as per Hanafi Fiqh by Askimam.org

assalamu alaikum. I am extermely unhappy in my marriage. From the first day of our union, there were differnces. we tried everything for a peaceful or happy home. we dont have children and its been a year and a half of marriage. i knew my husband before marriage, and i feel misleadby him. His family do not want me and make thier dissaproval evident. He has been given a choice by his father to chose me or the family. In the light of recent events, i feel we have a very troubled marriage ahead. im also not sexually satisfied. I did the istakhara, and i dreamt my brother helping me out for a divorce, and on another occassion, my husband and i are arguing, leading to a divorce. Please help me i am not sure what i should do. JazakhAllahu khairun

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
FATWA DEPT.

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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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