How to divorce
10-4-2001 | IslamWeb
Question:
On 7/7/99 I have got married to my sister-in-law's brother's daughter. That marriage was proposal and its kind of exchange. My sister got married 7 years ago to my wife's uncle (father's brother). But on the day of my marriage, there was a problem on reciting Nikkah created by my father in law.
So my marriage was cancelled. And i refused to marry the girl. After a week, I got married to the same girl by making compromise. But personally, I married my wife without any love. Day by day, there were so many problems which was created by father in law for keeping my wife in my home. Few months ago, I have faced some problems like above. Then I forgot and forgive everything and started to be peace. But right now again I m facing a problem as usual. Because of this problems, i can't show my love to my wife and it also creating so many problems between my family and her family. So, I have intend to divorce her. This divorce will give a good life (Insha Allah) for her and myself by marrying another person. If i continue this life, I won't be happy, my wife won't be happy too. And people in my family n her family won't be in peace. So, please advise me a way of making move to divorce. After two years in an unhappy marriage with many family problems I want a divorce. Please to advise me.
Please, don't post this Q & A in the Fatwa Corner. Thank you.
Answer:
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.
Really, if you spare no efforts to reconcile between you and your wife and have consulted wise and righteous people from your family to set the relations, and these efforts do not smooth the relation, then in this case the ultimate solution is divorce.
Allah, The Almighty, legislates divorce in some special situations and the situation you mentioned is an example.
The correct way of delivering divorce is to wait until your wife is not in menses and she has purified herself from it, and without having sexual intercourse with her, tell her that she is divorced, preferably before two witnesses in order to avoid possible future disputes. Also, it is better to get a certificate of divorce from an Islamic Court. We advise you to avoid conflicts between yourselves and your families after divorce and you should respect each other’s family.
You should tell your wife and her family that though the marriage has ended, all other relations should remain intact.
However, you should keep all other relations within what Allah has permitted.
Allah knows best.