If a woman is unhappy living with her husband but he refuses to divorce her then what are her rights regarding this.. This is the information I found.. but if anyone can elaborate..
Behishti Zewar clearly states that a woman can seek khula even if the husband refuses to divorce her. She can either pay him a sum for release or forego her mahr. She does not have to live with him. She does not need to provide reasons other than that she is not happy with her marriage and that she cannot or is unwilling to continue to be married to her husband. There is a reference to such a situation in the Qur'an in Verse 229 of Surah 2. A precedent took place at the time of the Prophet (saw) when Thabit ibn Qais's wife came to the Prophet (saw) complaining of her marital situation. She stated clearly that she had nothing to talk against her husband, neither in his manners nor in his religious attitude. She simply was not happy, married to him. Thabit ibn Qais had given her a garden as a dower, and the Prophet (saw) asked her whether she was willing to return it to him. She said she would and the Prophet (saw) told the man to accept the garden and divorce her.
If husband does not agree to divorce, the court of law can be invoked. When the woman demands divorce (through
Behishti Zewar clearly states that a woman can seek khula even if the husband refuses to divorce her. She can either pay him a sum for release or forego her mahr. She does not have to live with him. She does not need to provide reasons other than that she is not happy with her marriage and that she cannot or is unwilling to continue to be married to her husband. There is a reference to such a situation in the Qur'an in Verse 229 of Surah 2. A precedent took place at the time of the Prophet (saw) when Thabit ibn Qais's wife came to the Prophet (saw) complaining of her marital situation. She stated clearly that she had nothing to talk against her husband, neither in his manners nor in his religious attitude. She simply was not happy, married to him. Thabit ibn Qais had given her a garden as a dower, and the Prophet (saw) asked her whether she was willing to return it to him. She said she would and the Prophet (saw) told the man to accept the garden and divorce her.
If husband does not agree to divorce, the court of law can be invoked. When the woman demands divorce (through
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