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Fatwa CenterWants forgiveness from wife who wanted him to divorce her
Question
For answering my question Ref. No. 8731. I have mentioned that my wife asked for divorce and not myself, she surprised me by sending the divorce paper from the lawyer without even hinting all the time we spent. She as the law order took everything I owned and I left with only my small suitcase. I still have to ask for her forgiveness?
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. We ask Allaah to exalt his mention as well as that of his family and all his companions.
Dear brother, marriage and divorce are religious matters and we have to follow the steps that are set by Islamic jurisprudence to be considered as valid. A woman is not allowed to ask divorce without any (Islamicly) reasonable reason. A divorce issued through a civil court is not valid as we have made it clear in our Fatwa: "Any divorce that is decided by a civil court, which does not conform to the rulings of Islam, is not considered a valid divorce in Islam." See Fatwa: 88532.
As for the rulings of divorce read the Fatwa: 88575.
Islam preserves and protects the property of both the husband and his wife. Thus, neither spouse is allowed to take something unjustly which he/she does not deserve from the property of his/her spouse.
Now, if the case is as you mentioned in your question, then we advise you to deliver the divorce now if you had not divorced her before. This is to make her (Islamicly) free from your wedlock and protect her from sin.
It is your right to take back what belongs to you. If she refuses to give what belongs to you she will be held responsible at the Day of Judgment. However, we advise you to forgive her since Allaah loves those who forgive others.
Allaah knows best.
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