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Fatwa CenterFather wants to divorce daughter from gay husband but she refuses
Question
Assalamu alaikum. I am writing this for a desperate father whose daughter got married a guy (homosexual) without knowing . During a counselor session he disclosed that he is a guy. Now the father wants to get divorced from him but she says she wants him and she will adjust her life with him. My question is if the father let her to continue with him what is the islamic rule on this. Kindly give an advise as early as possible for taking a decision on the subject. I know homosexuality is haram . Please clarify Your earliest response will be highly appreciated. With regards, Ismail
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.
It is an obligation to advise that man to repent from this abominable sin, and he should be reminded of Allaah and His severe punishment if he meets his Lord with this sin. Hence, we recommend advising him in a gentle manner, and opening the door of hope to him [i.e. telling him not to despair] and clarifying to him that the mercy of Allaah is vast, and that if he repents, Allaah may change his sins into good deeds, hoping that he might repent and give up this sin.
With regard to this marriage, if it had taken place without the consent of the wife's guardian, then it is a void marriage and it must be invalidated because the consent [and presence] of the guardian is a condition for the validity of the marriage contract as we clarified in Fatwa 83629.
If we presume that this marriage took place with the consent of the guardian, then it is permissible for the wife of that man to stay with him as a wife. However, if he persists in his sin, it is desirable for her to ask him for divorce; Al-Buhooti 
said: “The wife is like the husband in this regard; so if he abandons a right of Allaah, it is desirable for her to ask him for Khul’ because of him abandoning the rights of Allaah.”
Therefore, you should urge this wife to separate from him and clarify to her that there is no good in being a wife to such a husband, and that she may be greatly harmed from him by him transmitting some sexual diseases to her, or badly influencing the upbringing of her children in case she has children with him, and the like of such harms. In case she still wishes to stay with him after clarifying all this to her, then she may do so. For more benefit, please refer to Fatwa 117370.
Finally, if her parents order her to ask for divorce, she is obligated to obey them in case he does not repent as this is a valid reason (for asking a divorce), and obeying them in this matter is obeying them in what is permissible. For more benefit, please refer to Fatwa 132535.
Allaah Knows best.
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