If a husband doesn’t want to give talaq then what can a wife do in Islam

Fatwa ID: 02356

Answered by: Maulan Jamal Ahmed

Question:

Asalamualikum I was married in 2014. If husband doesn’t want to give talak then what can I do in Islamic way which way can I do?

Answer me as soon as possible

Answer

بسم الله الرحمن الرحيم

Talaq is a serious matter in Islam therefore it should not be taken lightly.  The Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) said, "The most hateful permissible thing (al-Halal) in the sight of Allah is divorce."  In bazlul Majhood it says under this hadith that the most beloved thing to shaitan is the separation of the husband and wife, therefore the most hated thing to Allah is talaq. (Bazlul majhood commentary of Abu Dawud, Hadith 2178, vol.10, pg.148

Due to the sacredness of the marriage contract, Islam asks both the husband and the wife to keep and respect this bond. Thus, each partner in this sacred relationship must treat the other kindly and properly.

The spouses should avoid divorce as much as possible. If they have difficulties and problems, they should be patient and forbearing. They have to try to work out their differences and seek help from their relatives, friends or professional counsellors.

However, if they have tried all avenues but still have not resolved the matter, they can turn to talaq as a last resort.  If the husband is not giving Talaq, the woman can offer him some money for giving Talaq, if he accepts the offer, one irrevocable talaq will take place.  This is known as Kula. 

If that is not Possible, they both can take the case to their family members, and appoint someone from both sides who are righteous and knowledgeable.  If the husband says to them that he will accept whatever decision they make, then if they decide to break the marriage, they have the authority to do so.  (Ma’ariful Quran, vol.1,pg.403)

You can also take the case to a Shariah council, who is run by Muftis, scholars and righteous people.  They will listen to the case and contact the husband, and after taking all aspects in to consideration, they can break the marriage under certain conditions.  (Al hilatun Najizah, pg.75)

Only Allah knows best.

Written by Maulan Jamal Ahmed

Checked and Approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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