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She has to divorce in order for them to be married

Answered according to Hanafi Fiqh by DarulUloomTT.net

Question:

Salams,

If the sister wishes to marry this brother but has no reasons whatsoever to divorce her husband is there any way she can ask for a divorce in the right way because the brother tells her she has to divorce in order for them to be married he knows this and is willing to wait for her.

Jasak Allah Salams.


Answer:

Wa Alaikum as Salaam,

According to the teachings of the Prophet (SAS), it is sinful for a woman to ask her husband for a divorce when she has no valid reason to do so. Regarding this, the Messenger of Allah (SAS) is reported to have said, ‘If any woman asks for a divorce from her husband without any specific reason, the fragrance of paradise will be unlawful to her’.

When a woman becomes married, then it is her duty to do everything within her ability to fulfill the rights of her husband and protect her marriage. It is totally haram for her to have any sort of communication with a male non-blood relative (ghair Mahram). Having males as friends and maintaining a communication with them is totally haram. It is also totally haram (unlawful) for any male to give a proposal to her and lure her towards him when she is married to another person. Worst than this, is for this man to request her to divorce her husband in order to marry him. All these things are totally haram and must be stopped.

If however, for a valid reason, you believe that you can no longer live with your present husband after making every effort to do so, then you can ask for a khul’a. This is where you return the dowry or part of it to your husband on the condition that he will give you a divorce (by doing so). In this way, with mutual consent, both of you can end the marriage.

And Allah knows best,
Mufti Waseem Khan

21/2/2013

This answer was collected from DarulUloomTT.net, which is operated under the supervision of Mufti Waseem Khan from Darul Uloom Trinidad and Tobago.

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