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If a girl does not like her husband at all (not for any particular reason, but just do not like him to an extent, that she hates him), and also has no physical contacts with him.... is she allowed to take divorce... specially if she was forced for the marriage and can she go against the will of her parents OR should she waste her life into a forced relationship against her will and interest????

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

If a girl does not like her husband at all (not for any particular reason, but just do not like him to an extent, that she hates him), and also has no physical contacts with him.... is she allowed to take divorce... specially if she was forced for the marriage and can she go against the will of her parents OR should she waste her life into a forced relationship against her will and interest????

 

What she must do for her parents who are forcing her into this against her will. As it is also considered a sin to hurt your parents in Islam.

 

Please advice

 

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Answer:

 

Consent of bride marriage

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Your Question: if a girl does not like her husband at all (not for any particular reason, but just do not like him to an extent, that she hates him), and also has no physical contacts with him.... is she allowed to take divorce...

Regardless of the reasons behind her consent to the marriage, if for any reason whatsoever the wife does not like her husband, she is well within her legal rights in Shariah to initiate a divorce proceedings and free herself from the marriage.


 

Although it is legal and lawful in Shariah for the believing woman to initiate a divorce proceedings against her husband for any reason, to maintain the sanctity of the sacred institution of marriage, the Messenger of Allah (saws) guided the believing woman (and men) to fear Allah and only seek to initiate a divorce proceeding against their spouse only for a genuine and strong reason.

 

Sunan of Abu-Dawood Hadith 2218 Narrated by Thawban

The Prophet (saws) said: If any woman asks her husband for divorce without some strong reason, (even) the odour of Paradise will be forbidden to her!

 

What she must do for her parents who are forcing her into this against her will. As it is also considered a sin to hurt your parents in Islam.

Islam guides that a marriage is not a simple union between just two people, but rather a union of two families.thus neither should the parents/guardians force their daughters into a marriage she does not consent to; nor should the girl seek to marry someone without prior consultation and consent of her sincere best well-wishers in all of mankind, ie. her parents/guardians.

 

Secondly, as much as Islam guides the believing woman who seeks to marry to consult and seek the consent of her guardians/parents; the absolute final decision and right of whether to agree to marry a person or not is in the hands of the bride herself alone. Islam has given the believing woman the absolute right to decide whether she wills to marry a person or not; and that is precisely why her agreement and acceptance to her marriage at the time of nikaah is also an absolutely obligatory condition for a marriage to be legal in the Sight of Shariah.

 

Sahih Al-Bukhari Hadith 9.101 Narrated by Aisha

Allah's Messenger (sws) said, "It is essential to have the consent of a virgin (for her marriage). I (Aisha) said, "A virgin feels shy." The Prophet (saws) said, "Her silence means her consent."

 

Sahih Al-Bukhari Hadith 9.98 Narrated by Abu Huraira

The Prophet (saws) said, "A virgin should not be married till she is asked for her consent; and the matron (divorcee, widow, etc.) should not be married till she is asked whether she agrees to marry or not." It was asked, "O Allah's Messenger (saws)! How will she (the virgin) express her consent?" He (saws) said, "By keeping silent."

 

It is an absolutely obligatory condition of a marriage to be legal in the Sight of Shariah for the bride to consent to her marriage. If the bride is a virgin, and she feels shy to declare or respond her approval, her silence will be accepted as her approval; but if a matron (one who is divorced, or a widow, etc.) is married, her silence will not be accepted as her approval, but she must verbally declare her acceptance to the Judge conducting the marriage.

 

If for any reason the girl who is forced to marry a person against her will, or she does not wish to marry the said person.all she ever has to do is verbally decline and declare to the Judge conducting the marriage that she is unwilling to marry the said person; thus a marriage in Islam can never be valid without the prior consent of the bride.

 

If the guardians of the bride are forcing a marriage unto their daughter, and if for any reason, the bride wishes not to consent to the marriage, and provided she declines the proposal politely (but firmly) and does not transgress the boundaries of humility and etiquette required of a believer towards their parents in Islam..even if the refusal of their daughter to their proposal hurts her parents, there would be no sin upon the daughter for exercising her right of refusal.

 

Islam guides that neither should the parents/guardians force their daughters into a marriage she does not consent to; nor should the girl seek to marry someone without prior consultation and consent of her sincere best well-wishers in all of mankind, ie. her parents/guardians.

 

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan


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