Aslamolykum, One of my friend facing divorce case in UK, Actually his wife claiming for divorce while he do not want to leave her in this particular scenario how much his wife do have right for getting divorce (Khula) Exactly my question is If she do not want live with his husband due to some reasons so what our Islam said that what he should to do? Can she take divorce by force?
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.
In principle, it is not permissible for a woman to ask her husband for divorce or Khul’ without an Islamic valid justification.
Thawbaan narrated that the Prophet said: “The smell of Paradise is forbidden for any woman who asks her husband to divorce her without a valid (Islamic) excuse.” [At-Tirmithi]
Another narration reads: “Those women who seek Khul’ (without valid grounds) are the hypocrites.” [At-Tirmithi and An-Nasaa’i]
For more benefit on the reasons that entitle a woman to seek divorce, please refer to Fatwa 131953.
If a woman hates her husband and fears that she would be negligent about his rights, then it becomes permissible for her to seek Khul’; for more benefit on Khul’ and its rulings, please refer to Fataawa 89039 and 90676.
Both spouses should reconcile as much as possible and seek the intervention of rational people as reconciliation is better. If a woman insists on Khul’, it is recommended that her husband accepts her request.
Al-Bahooti from the Hanbali School of jurisprudence said in Kash-Shaaf Al-Qinaa’:
“It is recommended that he honors her request for Khul’ for the Hadeeth of the wife of Thaabit ibn Qays.” [End of quote]
To conclude, a woman cannot Islamically come out of the marriage bond except by her husband divorcing her or by someone who may act on his behalf such as a Muslim judge or by an agent representing the judge.
However, if the woman is not harmed by her husband, then she is not entitled to ask for divorce or Khul’ and her husband may refuse her request for it, though it is desirable for him to honor her request.
Allah knows best.
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