Her parents want her to get divorce from her husband

13-7-2009 | IslamWeb

Question:

Aslam-O-Alikum I am 26 year old married female & having one son. Still I am living with my parents after marriage. I and my husband were stay together only one week. My parents don’t like him and asked my get divorce from her. I loved my parents very much and I don’t want to hurt them. I already asked my husband to give me divorce paper otherwise I will go to court for Kulaha & and he still reluctant to give me divorcé. I only want my parents happy. What is the Islamic ruling should I go to husband or to complete my parents wish. My second question husbnand only agree to give me divorce when I handover my child to him.He wants to complete my wish what sould I do Islamic point of view. Thanks Shamsha

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  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

 

It is not permissible for a wife to ask for divorce or Khul’ without a sound reason. Thawbaan  may  Allaah  be  pleased  with  him narrated that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: “Any woman who asks her husband to divorce her, without a religiously accepted reason, the smell of Paradise is forbidden for her. [Ahmad]

On the other hand, if your parents are asking you to separate from your husband for a sound reason, like him being unjust to you, or him being dissolute, then it is permissible for you to obey your parents and ask for divorce or Khul’. In this case, it might be more appropriate to ask for divorce or Khul’.

Moreover, if you want to renounce your right in fostering the child to his father, then this is permissible if there is no harm on the child, but if you want the fostering of the child to be for you, then you may take your case to the court to give you divorce from your husband and the right to foster the child.

However, if there is no sound reason for asking for divorce, it is not permissible for you to ask for it or to obey your parents in this matter because obedience is required only in what is permissible. For more benefit, please refer to Fataawa 86982 and 84942.

Allaah Knows best.

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