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Fatwa CenterShe hates her husband who raped her in the past
Question
Assalamualaikum dear brother.
There is a relative of mine who was in love with somebody but her parents did not get her married to him.They got her married to a cousin of hers. What the family members dint know was that this cousin of hers had abused her constantly in her past and has raped her too at one instant. She did not divulge these details to her parents fearing clashes in the family and got married to him and obeying her parents.But now she is not able to live happily with him as she hates him for ruining her past and is not able to be a good wife no matter what. She has to forcibly involve herself into physical relation with her husband on account that she cannot and does not want any relation of that sort with him.She has gone through counselling too but to no effect whatsoever. My question here is can she give a divorce to him on these conditions.
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.
According to the preponderant opinion of the scholars 
it is not permissible for a father to force his adult virgin daughter to marry a man whom she does not like. If the marriage takes place without her consent, then she has the right either to continue it or to invalidate it. Since she was pleased by marrying him, then this marriage becomes effective.
As regards divorce, it is in the hands of the husband and not in the hands of the wife, and a wife cannot divorce her husband. However, if there is a sound reason, then she has the right to ask for divorce or Khul’, as in case of harm she has the right to ask for divorce. Moreover, if she hates her husband and she fears to be neglectful about her rights, then she has the right to ask for divorce by asking him to grant her Khul’ in return for compensation.
For more benefit, please refer to Fataawa 89039, 84373 and 87728.
As regards the sexual harassment and rape, there is no doubt that this is a grave abominable sin, but she is obliged to conceal this matter and not inform anyone about it. Indeed, this matter is finished and she got married and she is now Islamically obliged to conceal herself.
Allaah Knows best.
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