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Fatwa CenterShe is not ready to leave her husband who divorced her unjustly
Question
as my husband has given me divorce i dont want to take a divorce from my husband under muslim law though i am born muslim. because i didnt get justice over there unnecessarliy my husband has given me divorce.i dont want to except divorce .so is there any thing which can save my married life.and can give a good future to my son or should i go to indian law to save my marriage pls give me the answer
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
First of all, you should know that a Muslim must seek judgment only from the Sharee’ah of Allaah; Allaah Says (what means): {But no, by your Lord, they can have no Faith, until they make you (O Muhammad) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission.}[Quran 4:65] For more benefit, please refer to Fatwa 86134.
In fact, the Sharee’ah put divorce in the hands of the husband, and if the husband initiates it, it takes place, and the wife does not have a choice to refuse it.
If the husband does not want to take back his wife, no one else has the right to oblige him to do so.
On the other hand, if divorce is without a reason, it is disliked but it does not mean that it does not take place if the husband initiates it. For more benefit, please refer to Fatwa 95996.
Our advice to you, dear sister, is to try to convince your husband to take you back if this is the first or second divorce. Also, it is acceptable to seek the help of some righteous people to talk to him on your behalf. If he is convinced to take you back, then praise be to Allaah, and if he refuses, then it might be that Allaah wanted good for you as He Knows the outcome of everything; Allaah Says (what means): {…and it may be that you dislike a thing which is good for you and that you like a thing which is bad for you. Allaah knows but you do not know.}[Quran 2:216]
Also, Allaah might bless you with a better husband; Allaah Says (what means): {But if they separate [by divorce], Allaah will enrich each [of them] from His abundance. And ever is Allaah Encompassing and Wise.}[Quran 4:130]
As regards the child, if he is at the age of fostering, then you have more right than anyone else in fostering him as long as you do not remarry. If you remarry, the fostering is transferred to the one who has more right in fostering him after you like your mother [i.e. the grandmother of the child on his mother’s side]. For more benefit, please refer to Fatwa 84618.
Finally, we advise you to nurture your child on the creed and morals of Islam so that he will be beneficial to you in this world and in the Hereafter.
Allaah Knows best.
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