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Fatwa CenterWife asks for a divorce or for the invalidation of the marriage without a sound reason
Question
Dear Scholar Assalamalaicum, As my wife (8 months pregnant now) stubborn over nullifying of marriage without any legitimate reason. (she is under pressure of her mother as per my observation & others associated with case even Judge of this case). I apologies for everything i did or not, though she is not agree over reconciliation. The judge told me that you should have to be agree over Khula as case does not have any legitimate reason for dissolution of marriage. What would be punishment for all if separation takes place? Further, I thought my wife thinks that she will not be able to perform duties of husband any more, on this ground she can ask for separation? What should be my role as i have made several efforts to reconcile this relation?
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.
If your wife asks for a divorce or for the invalidation of the marriage without a sound reason, then she is sinful. For more benefit in this regard, please refer to Fatwa 88408.
So, you are not obliged to accept her demand but if she hates staying with you and fears to be neglectful about your rights, then she has the right to ask for Khul’ (divorce upon the request of the woman) in return for compensation which she pays you. For more benefit, please refer to Fatwa 89039.
As regards the judge whom you mentioned in the question, if he rules by man-made laws, then it is not permissible in principle to take the case to him. If he rules divorce or Khul’ or invalidates the marriage according to these laws, then his ruling is of no value and it should not be taken into account.
Finally, it should be noted that if there is no Muslim judge, then the Muslims should take their case to Islamic Institutions and Centers. A Muslim judge is supposed to rule only according to the Sharee’ah (Islamic law).
Allaah Knows best.
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