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Can a woman declare her husband haraam and end their marriage?

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I’ve a question about my cousin (female). She was married forcefully by her parents. They forced her emotionally and with other lies and she was married. She was never happy with her marriage and she never let her husband make any relation with her. She never even let him touch her and asked for Khulaa (Divorce). When her husband forcefully tried to have some physical relation with her she said the following words: “I declare you haraam on me in the presence of Allah (with Allah as my witness). Now any relation among us will be invalid or haraam”.

Now I want to ask:

1. If their marriage ends with her saying this?

2. Does she still needs a divorce? and there is no effect on their marriage?

Bismillaah

A: No, it did not end.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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