Fatwa ID: 05042
Answered by: Mufti Mohammed Tosir Miah
Question
I am writing to you concerning a sister who recently got married in Pakistan, and at the time she was pleased with the marriage, however soon after returning to England she claims that she was forced into the marriage and wants a divorce. Furthermore, she is planning on marrying someone else here in the UK and has apparently been told that this is Islamically possible. Please can you clarify the correct ruling as to whether or not she will be able to get an Islamic divorce without her husband giving his consent?
In the name of Allah, the Most Beneficent, the Most Merciful.
Answer
It is totally impermissible and a serious crime in Islam for a woman to ask her husband for talaq without any lawful reason.
The Prophet of Allah Sallallahu Alahi Wasalam said, “If a woman asks her husband for a divorce, for no reason, then the smell of paradise is forbidden for her” (Sunan Tirmizi)
For a wife to ask to divorce her husband because she wants to marry another man is a total act of disrespect and ungratefulness to her husband.
A wife’s obedience to her husband is one of the things that may lead her to Paradise, as the Prophet of Allah Sallallahu Alahi Wasalam said: “If a woman prays her five daily prayers, fasts her month (of Ramadan), obeys her husband and guards her chastity, then it will be said to her: ‘Enter Paradise by whichever of its gates you wish.” (Musnad Ahmad & Tabraani)
Saaidah Umm Salamah Radiallahu Anha narrates that Prophet of Allah Sallallahu Alahi Wasalam said, “Any woman who dies, and her husband is pleased with her, will enter Paradise.” (Sunan Ibn Majah p.133 v.1)
The sister in question will be considered sinful to ask her husband for a divorce and no one besides him can give divorce in this situation.
Regarding the second part of your question, the role of an Islamic Shariah Council highlighted in Maulana Ashraf Ali Thanwi (RA) book “Heelatun Najizah” and Qadhi Mujahid Islam’s Majmuu Qawaneen Islami, is first try to resolve the issues between the husband and wife individually or through arbitrators and only when that fails, consider about the annulment of the marriage.
Furthermore, it is also a Quranic injunction to reconciliation between the couples.
Allah (SWA) says:
“If ye fear a breach between them twain, appoint (two) arbiters, one from his family, and the other from hers; if they wish for peace, Allah will cause their reconciliation: For Allah hath full knowledge, and is acquainted with all things.” (Surah Al- Nisaa v.35)
However, in a situation where the husband is not fulfilling the rights of his wife, the wife has an Islamic right to pursue her case to an arbitrating body and annul the marriage.
An annulment of marriage can be effected in any of the following situations:
- The husband is missing completely
- The husband is absent with no known whereabouts
- The husband is incapable of maintaining his wife
- The husband is unwilling to maintain his wife
- The husband oppresses the wife such that he does not fulfill her rights
- The husband is castrated
- The husband is impotent
- The husband is insane
- The husband is afflicted with leprosy or any other illness which makes living with him difficult
- The choice of an immature when he/she attains maturity
- Husband or wife become apostate
- Foster relationship which only becomes known after Nikah (The Complete System of Divorce p.213)
The conclusion we can come to is unless the sister in question can prove that she was forced in marrying this person from Pakistan or that she can prove one of the twelve things above, then she would not have a right to ask for a dissolution of the marriage. She should also stop all forms of contact with this man she met and intends to marry as this is totally haram.
Only Allah Knows Best
Written by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
