If a girl does not like her husband at all (not for any particular reason, but just do not like him to an extent, that she hates him), and also has no physical contacts with him.... is she allowed to take divorce... specially if she was forced for the marriage and can she go against the will of her parents OR should she waste her life into a forced relationship against her will and interest????
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:
If a
girl does not like her husband at all (not for any particular reason, but just
do not like him to an extent, that she hates him), and also has no physical
contacts with him.... is she allowed to take divorce... specially if she was
forced for the marriage and can she go against the will of her parents OR should
she waste her life into a forced relationship against her will and interest????
What
she must do for her parents who are forcing her into this against her will. As
it is also considered a sin to hurt your parents in Islam.
Please
advice
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Answer:
Consent of bride marriage
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 none worthy of worship but Allah Alone, and we bear witness that
Muhammad (saws) is His slave-servant and the seal of His Messengers.
Your Question: if a
girl does not like her husband at all (not for any particular reason, but just
do not like him to an extent, that she hates him), and also has no physical
contacts with him.... is she allowed to take divorce...
Regardless of the reasons behind her consent to the
marriage, if for any reason whatsoever the wife does not like her husband, she
is well within her legal rights in Shariah to initiate a divorce proceedings
and free herself from the marriage.
Although it is legal and lawful in Shariah for the
believing woman to initiate a divorce proceedings against her husband for any
reason, to maintain the sanctity of the sacred institution of marriage, the
Messenger of Allah (saws) guided the believing woman (and men) to fear Allah
and only seek to initiate a divorce proceeding against their spouse only for a
genuine and strong reason.
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
What she must do for
her parents who are forcing her into this against her will. As it is also
considered a sin to hurt your parents in Islam.
Islam guides that a marriage is not a simple union between
just two people, but rather a union of two families….thus neither should the
parents/guardians force their daughters into a marriage she does not consent
to; nor should the girl seek to marry someone without prior consultation and
consent of her sincere best well-wishers in all of mankind, ie. her
parents/guardians.
Secondly, as much as Islam guides the believing woman who
seeks to marry to consult and seek the consent of her guardians/parents; the
absolute final decision and right of whether to agree to marry a person or not
is in the hands of the bride herself alone.
Islam has given the believing woman the absolute right to decide whether
she wills to marry a person or not; and that is precisely why her agreement and
acceptance to her marriage at the time of ‘nikaah’ is also an absolutely
obligatory condition for a marriage to be legal in the Sight of Shariah.
Sahih Al-Bukhari Hadith 9.101 Narrated by Aisha
Allah's Messenger (sws) said, "It is
essential to have the consent of a virgin (for her marriage).’ I (Aisha) said, "A virgin feels
shy." The Prophet (saws) said, "Her silence means her consent."
Sahih Al-Bukhari Hadith 9.98 Narrated by Abu Huraira
The Prophet (saws) said, "A virgin
should not be married till she is asked for her consent; and the matron
(divorcee, widow, etc.) should not be married till she is asked whether she
agrees to marry or not." It was
asked, "O Allah's Messenger (saws)! How will she (the virgin) express her
consent?" He (saws) said, "By keeping silent."
It is an absolutely obligatory condition of a marriage to
be legal in the Sight of Shariah for the bride to consent to her marriage. If the bride is a virgin, and she feels shy
to declare or respond her approval, her silence will be accepted as her
approval; but if a matron (one who is divorced, or a widow, etc.) is married,
her silence will not be accepted as her approval, but she must verbally declare
her acceptance to the Judge conducting the marriage.
If for any reason the girl who is forced to marry a person
against her will, or she does not wish to marry the said person….all she ever
has to do is verbally decline and declare to the Judge conducting the marriage
that she is unwilling to marry the said person; thus a marriage in Islam can
never be valid without the prior consent of the ‘bride’.
If the guardians of the bride are forcing a marriage unto
their daughter, and if for any reason, the bride wishes not to consent to the
marriage, and provided she declines the proposal politely (but firmly) and does
not transgress the boundaries of humility and etiquette required of a believer
towards their parents in Islam…..even if the refusal of their daughter to their
proposal hurts her parents, there would be no sin upon the daughter for
exercising her right of refusal.
Islam guides that neither should the parents/guardians
force their daughters into a marriage she does not consent to; nor should the
girl seek to marry someone without prior consultation and consent of her
sincere best well-wishers in all of mankind, ie. her parents/guardians.
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