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Fatwa CenterAsks her husband for divorce because she can not stand living in USA
Question
a couple got married in jordan , 1 month ago , now live in USA. she now is asking for divorce , for no reason at all , only for the simple reason of not being use to this country and wants a divorce and to go back to jordan to live with her parents. what is her right and what is his right.??
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
If by your question you refer to the rights of the spouses on each other when the bond of marriage still exists, then we have already clarified these rights in Fatwa 85308, so please refer to it.
However, if you refer to the rights after divorce, then if a woman is divorced by her husband without her seeking Khul’ in return for compensation, then she deserves all her rights, like the dowry and spending on her during the waiting period, as discussed in Fatwa 88813.
However, if he divorced her after she sought Khul’ in return for compensation, then he deserves this compensation and his wife is not entitled to any expenses or accommodation.
For more benefit on Khul’, please refer to Fataawa 104980, 99863, 92487 and 83672.
Furthermore, it is not permissible for a woman to ask for divorce without a sound reason, and the fact that the wife is not accustomed to residing in a given country is not a sound reason which allows her to ask for divorce. Rather, she is obliged to reside where her husband resides unless she is harmed by doing so. In which case she is allowed to repel the harm off her and if this is not possible, then she may ask for divorce but she should not hasten to do so unless she discusses this matter with her husband and tries to convince him about the seriousness of residing in a non-Muslim country, and clarifies to him that whoever fears to be tempted in his/her religion, he/she is obliged to migrate to a Muslim country.
For more benefit in this regard, please refer to Fatwa 86405.
Allaah Knows best.
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