What is the solution if a woman hates her husband and cannot bear him?

Question: A woman married her cousin, but Allah did not place affection for him in her heart. She has been out of his house for thirteen years. She tried to obtain a divorce or a khul' (divorce at the wife's request for compensation), or to go with him to the court, but he did not agree to it. She hates him intensely and prefers death to returning to him. She threw herself from a roof when her family tried to reconcile her with him. What is the ruling?

Answer: It is obligatory to separate such a woman from the husband mentioned, provided she returns his dowry to him. This is based on the saying of the Prophet (peace and blessings be upon him) to Thabit ibn Qays when his wife hated him and sought separation from him and agreed to return his garden to him: narrated by al-Bukhari in his Sahih. It is also because her remaining in his custody, given the situation described, would cause her much harm. The Prophet (peace and blessings be upon him) said: . Furthermore, the Shari'ah came to secure benefits and perfect them, and to nullify harms and minimize them. There is no doubt that the remaining of such a woman in the custody of the husband mentioned is among the harms that must be nullified, removed, and eliminated. If the husband refuses to go with the woman mentioned to the court, it is obligatory for the judge to annul her marriage from his custody if she requests it and returns his dowry to him, based on the two previous hadiths and the meaning for which the Shari'ah came and which is established in its principles.
And I ask Allah to guide the judges of the Muslims to what is in the welfare of the people and the land, and to what deters the oppressor from his oppression and shows mercy to the oppressed and enables him to obtain his right. Allah the Exalted said: [al-Nisa: 130].