Woman needing divorce in USA

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

If a couple experiences turbulence in the marriage, they should exhaust all possible avenues to address their differences. The bond of nikah should be respected and upheld to the best of one’s ability. The spouses should not resort to divorce immediately without exploring all possible avenues of reconciliation. Whilst divorce is permissible, it is frowned upon and resented.

Rasulullah (صلى الله عليه وسلم) said,

Translation: “Of all the lawful acts, the most detestable to Allah is divorce.”[1]

If disputing couples are unable to reconcile to resolve their disputes by themselves, they should seek the intervention of appropriate and just family members to represent them and resolve their disputes. Allah Ta’ala says in the Quran,

Translation: And if you fear dissension between the two, send an arbitrator from his people and an arbitrator from her people. If they both desire reconciliation, Allah will cause it between them. Indeed, Allah is ever Knowing and Acquainted (with all things).

If the husband is spiteful in withholding the divorce, the wife may offer to return her mahr in exchange of the divorce. This is called khula.

If the husband agrees, then the khula constitutes a talaq-e-baain (one irrevocable divorce).[2]

If the husband does not agree to a khula and the wife truly feels oppressed, she may refer to her local Ulama to annul (faskh) her marriage.

The Ulama will follow due procedure in doing so.

If there are valid grounds for the annulment of the marriage, they have the Shari’ee right to annul the marriage.

The annulment will be valid only if the correct procedures of annulment are followed.

And Allah Ta’āla Knows Best

Saad Haque

Student Darul Iftaa
New Jersey, USA

Checked and Approved by,
Mufti Ebrahim Desai