Fatwa: # 15902
Category: Divorce
Country: Hungary
Date: 21st November 2007

Title

I'm intersted in that according to the Shariah if a husband ask him wife to do ishtikara for asking guidence from Allah Ta'ala about their divorce..

Question

I'm intersted in that according to the Shariah if a husband ask him wife to do ishtikara for asking guidence from Allah Ta'ala about their divorce (to divorce or not) and the wife refuse it very politely,then is it a sin of the wife?if yes then is a big sin?the reason why she doesn't wan to do istikhara because she doesn't want to divorce him husband and loves him a lot,she is happy with him therefore she doen't need guidence of Allah Ta'laa in this issue.the husband will do istikhara becuase he doesn't sure abou they are made for each other.they had some fights before but the wife strongly believe that their relationship can turn to good again and that she married him with the intention to live with him forever and stand by him anything happens and think that it's not good to divorce so easily without any effort to make the things better.the husband said they can try to give a chance to their marriage again but he will do istikhara to ask for guidence about it is a good decision or not.if only the husband do the istikhara then will it be a valid one?Can u give them some advices according to Shariah or some duas with the wife can make her husband's heart soften?

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

It is incorrect and highly immoral of your husband to ask you to do istikhara for him to divorce you. You claim to be committed to the marriage and you do not want a divorce. Discuss the problems in the marriage with him and try to work it out with him. It is possible he is trying to put pressure on you in this way to make adjustments in the marriage. Enquire from him and make every endeavour in trying to resolve your differences. Generally a successful marriage has a background of sacrifices from both spouses or a greater portion of sacrifice from one spouse. We make duaa that Allah guide and grant you peace and happiness in your marriage, Aameen. 

And Allah knows best

Wassalam

Mufti Ebrahim Desai
Darul Iftaa

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