Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Dear Brother, Burhan Assalam alaikum o rahamutallahi o barakatahu.

First of all I wish to thank you for guiding the people in Islam with the help of Qura`an and Hadith... may Allah almighty give you more and more strength and health to serve the people...

My question is; My sister she is having 3 children`s (boys) age: 21, 18 and 14 years old.. she has completed her marriage life of 23 years now. Due to ill-treating by her husband she wants to separate from him. But her husband don`t want it. Morever children`s would also like to stay with their parents.

We brothers set a meeting few months before and we tried utmost efforts to keep them their relations everlasting.. But my sister don`t want to stay with him any more.

Kindly through the lights of Quraa`n and Hadith, could you pls. tell me weather this separation is allowed in Islam... because here Wife wants to take divorce where as husband wont`..

Your reply in this regard would be most appreciated.

Kind Regards

Brother in Islam

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Answer:

Is divorce allowed for Woman

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

May Allah Subhanah reward you with the best of this world and the Hereafter for your kind comments of encouragement for our humble efforts in the propagation of the Truth. If our humble and modest efforts have helped even one brother or sister get closer to Allah and His Deen of Truth, then we would consider ourselves indeed fortunate to have been given this opportunity by the Lord Most Merciful to serve in His Cause. We hope, beg, and pray the Merciful Lord accepts our humble and weak efforts, forgives us our shortcomings, and saves you, us, and all the believers from the torment of the Hell Fire. Ameen.

Your Question: Kindly through the lights of Quraa`n and Hadith, could you pls. tell me weather this separation is allowed in Islam... because here Wife wants to take divorce where as husband wont`..

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 229:

229 A divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness. It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah; so do not transgress them. If any do transgress the limits ordained by Allah such persons wrong

If the question is simply whether it is permissible or allowed in Islam for a believing woman to seek or initiate a divorce from her husband, then the simple answer would be: yes! Islam has allowed and permitted the believing woman the right to initiate a divorce proceedings against her husband.

When a divorce is initiated by the wife in a marriage, it is known in Fiqh or Islamic Jurisprudence terms as a ‘Khula’ divorce.

There are basically three ways for a wife to seek a divorce:

1. Ask her husband that she no longer wishes to remain his wife, and the husband accedes to her request and pronounces a divorce on her.
2. If the husband refuses to divorce her, she has the right to Initiate a divorce proceedings in a Shariah Court, whereby the Judge will study the conditions and reasons for seeking divorce, and then summon the husband and give him an option: either he accedes to the wife’s divorce request and pronounces divorce on her, or the Court will use its authority and divorce the couple.
3. If the husband does not pronounce the divorce and the Judge sees valid reason for divorce, he has the authority to divorce the couple.

If it is the woman who initiates the divorce or ‘khula’ in marriage, she is required to repay the husband back the ‘mehr’ he paid her at the time of ‘nikaah’, unless of course the husband, of his own will, wishes to let his wife keep the ‘mehr’ he paid her. But if the husband initiates the divorce, it is absolutely forbidden for him to demand any payment or recompense of the ‘mehr’ or any other gifts he might have given his wife during their marriage.

Sunan of Abu-Dawood Hadith 2173 Narrated by Abdullah ibn Umar

The Prophet (saws) said: ‘Of all the lawful acts’ the most detestable to Allah is divorce.’

Sunan of Abu-Dawood Hadith 2172 Narrated by Muharib

The Prophet (saws) said: ‘Allah did not make anything lawful more abominable to Him than divorce.’

Amongst all the permissible things in Islam, the most detestable and hated in the Sight of Allah Subhanah is divorce. Thus, if the woman is seeking to initiate a divorce against her husband for a valid reason, there would be no sin upon her; but if she seeks to initiate a divorce upon her husband without an absoluetly valid reason, it would indeed be considered a sin.

Sunan of Abu-Dawood Hadith 2218 Narrated by Thawban

The Prophet (saws) said: ‘If any woman asks her husband for divorce without some strong reason, (even) the odour of Paradise will be forbidden to her!’

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan