Asking divorce

13-5-2004 | IslamWeb

Question:

Recently a friend asked me if a wife has a good reason to divorce her husband, can she do that by giving him back the present he gave her on the first day of their marriage, and if she needs witnesses to do that? I have already advised my friend to think deeply on what she is thinking about. I hope, Insha-Allah, she will think clear with the help of Allah before she takes any decision.

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Answer:

Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.

 

The woman does not divorce as divorce is in the hands of the husband.  But the fact that the woman gives back the Mahr to her husband in return for his divorcing her is called Khulu’ and it is also in the hands of the husband.

On the other hand, it is unlawful for the woman to ask for divorce unless there is a legal reason for that.  The Prophet (Sallallahu Alaihi wa Sallam) said: “Any woman who asks her husband to divorce her, although he did not cause her any harm, the smell of Paradise is forbidden for her”.  [Abu Dawud and Al Tirmizi] 

It is likeable in Shariah to ask a person or more to bear witness for divorce or Khulu’ but it is not an obligation.  Allah Says (interpretation of meaning): {…And take for witness two just persons from among you (Muslims)……}[65:2].

Finally, we advise this woman, and indeed all other women, not to ask for divorce or Khulu’ unless she is incurring an evident harm that she cannot overcome.  And before doing so, she should seek the advice of others and make Istikhara.

We ask Allah to ease the matters of all Muslims and guide them all to the right path.

Allah knows best.