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Dear Mufti I would like to ask can a woman divorce her husband if he wants to marry again. Is that acceptable in Islam?

Fatwa 2013English
Marriage & DivorceDivorce (Talaaq)

Question

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Dear Mufti I would like to ask can a woman divorce her husband if he wants to marry again. Is that acceptable in Islam?

Answer

Almighty Allah Ta'ala being the Creator of man and woman fully well knows their temperaments. He has revealed his Shari'ah according to those temperaments. Our success lies in obeying the laws of Shari'ah. According to the Shari'ah, only the man has the right of divorce.

Nevertheless, entering into polygamous marriage is not a valid excuse to annul the marriage. Our advise is that the person exercise patience and time will heal your wounds. However, if you are unable to do so, then she may request her husband for a divorce in lieu of cash or kind (Khula). However, the husband may accept the offer or decline it. (Kifaayatul Mufti vol.6 pg.127)

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT.

Answered by
Mufti Ebrahim Desai
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