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divorce process

Answered according to Hanafi Fiqh by Fatwaa.com

Asalaamu Alaikum.

I am writing this email as i need some advice on a divorce issue.

I have been married for 16 years and have 4 children.
My wife and I have been living separately for a year and a half now.
We have arranged child access and payments between us.

For many years the marriage has been increasingly difficult and under pressure due to incompatibility and trust issues.
Despite reconciliation efforts my wife is adamant she wants a divorce.
Whilst i do not want a divorce, equally i do not want to continue in a marriage where my wife is not happy.
Therefore I do not want to hinder her divorce request.

Can you please advise if the wife needs to appy for a ‘khula’ (since it is her wish to divorce) or must the man issue the divorce? (even though it is not his decision to divorce)

Walaikum Salaam

Answer

Wa’alaykum as Salam wa rahmatullahi wabarakatuhu,

You just issue one divorce, as explained in Fatwaa ref 3125

And Allaah Ta’aala knows best

Wassalaam,

Ismail Moosa (Mufti)

This answer was collected from Fatwaa.com which is an excellent Q&A site managed by Mufti Ismail Moosa from South Africa. .

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