Her husband accused her of committing a heinous act with one of her mahrams, so she became disgusted with him
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Fatwa number ( 11984 )
Q: The lady (N. A.) is the wife of (A. K.), and she has strongly rejected her husband (A. K.), feeling a deep aversion to him. This happened after she heard the rumors circulating among people that her husband (A. K.) had committed the abhorrent act of zina (unlawful sexual intercourse) with his sister's daughter. This led to her strong denial that she would accept married life with her husband (A. K.) under any circumstances. Following this, the wife (N. A.) made a serious effort to have her husband divorce her. When she did not succeed in her aim, she tried to free herself through khul' (divorce at the wife's request for compensation), but the husband did not agree to any of this; he neither divorced her nor accepted the khul'. Finally, the wife resorted to submitting her case to the committee
of the local Shari'ah court, composed of several righteous, practicing scholars from the notables of the same town, which is called the Shari'ah court here according to local usage. The wife requested the court to annul her marriage. The Shari'ah committee, in turn, made great efforts to have her husband divorce her or accept the khul', but the local committee also failed in its attempts, and the husband does not agree to divorce her or accept the khul'. It is well known that this country— India —is not an Islamic state, and there are no Shari'ah judges in it. This woman is a poor, helpless person, and her honor, dignity, and chastity are all in danger; indeed, she may even commit suicide. In this situation—may Allah prevent it—she may even fall into riddah (apostasy) from her religion. Furthermore, the issues of financial maintenance, clothing, and daily life needs are among the most important matters the wife has been surrounded by in these harsh circumstances. The Shari'ah committee refers the matter to your Eminence, hoping that you will look at it with consideration and be generous in clarifying the following: If the husband's fisq (open sinfulness) and immorality have caused the wife's rejection of her husband, making the wife's natural aversion a cause for the annulment of the marriage . The question here is: Is it valid for the marriage to be annulled by judicial ruling in this case? If your answer is yes, the Shari'ah committee will implement your ruling in this case, and such referrals will continue in the future, if Allah wills, in
judicial matters. Please be generous in answering in light of the evidence from the Book and the Sunnah.
A: It is obligatory to separate (N. A.), the wife of (A. K.), from her aforementioned husband, if the reality is as the committee stated in its aforementioned report; because she is excused in her refusal to continue with her aforementioned husband in married life, due to the great munkar (what is wrong) that occurred from him. She must return to him what was given to her as mahr (the bridal gift). And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: The lady (N. A.) is the wife of (A. K.), and she has strongly rejected her husband (A. K.), feeling a deep aversion to him. This happened after she heard the rumors circulating among people that her husband (A. K.) had committed the abhorrent act of zina (unlawful sexual intercourse) with his sister's daughter. This led to her strong denial that she would accept married life with her husband (A. K.) under any circumstances. Following this, the wife (N. A.) made a serious effort to have her husband divorce her. When she did not succeed in her aim, she tried to free herself through khul' (divorce at the wife's request for compensation), but the husband did not agree to any of this; he neither divorced her nor accepted the khul'. Finally, the wife resorted to submitting her case to the committee
of the local Shari'ah court, composed of several righteous, practicing scholars from the notables of the same town, which is called the Shari'ah court here according to local usage. The wife requested the court to annul her marriage. The Shari'ah committee, in turn, made great efforts to have her husband divorce her or accept the khul', but the local committee also failed in its attempts, and the husband does not agree to divorce her or accept the khul'. It is well known that this country— India —is not an Islamic state, and there are no Shari'ah judges in it. This woman is a poor, helpless person, and her honor, dignity, and chastity are all in danger; indeed, she may even commit suicide. In this situation—may Allah prevent it—she may even fall into riddah (apostasy) from her religion. Furthermore, the issues of financial maintenance, clothing, and daily life needs are among the most important matters the wife has been surrounded by in these harsh circumstances. The Shari'ah committee refers the matter to your Eminence, hoping that you will look at it with consideration and be generous in clarifying the following: If the husband's fisq (open sinfulness) and immorality have caused the wife's rejection of her husband, making the wife's natural aversion a cause for the annulment of the marriage . The question here is: Is it valid for the marriage to be annulled by judicial ruling in this case? If your answer is yes, the Shari'ah committee will implement your ruling in this case, and such referrals will continue in the future, if Allah wills, in
judicial matters. Please be generous in answering in light of the evidence from the Book and the Sunnah.
A: It is obligatory to separate (N. A.), the wife of (A. K.), from her aforementioned husband, if the reality is as the committee stated in its aforementioned report; because she is excused in her refusal to continue with her aforementioned husband in married life, due to the great munkar (what is wrong) that occurred from him. She must return to him what was given to her as mahr (the bridal gift). And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.