What is the Law if a Wife Asks for a Divorce but Her Husband Refuses? Here is the Explanation from Islamic Law and the State

What is the law if a wife asks for a divorce but her husband refuses? (Pixabay)

YOGYAKARTA - What is the law of a wife asking for a divorce but her husband refuses? There are several conditions that sometimes occur in some people, for example, being emotionally tired, trapped in an unhealthy relationship, but confused about how to do it because they feel locked legally and religiously. For more details, see the explanation of the problem from Islamic law and state law below.

What is the Law if a Wife Asks for a Divorce but Her Husband Refuses?

This condition is basically quite complex. Many wives want to end their marriages for legitimate reasons, such as infidelity, violence, unpaid alimony, or lack of harmony in the household.

However, they often face a deadlock because the husband does not want to divorce or even threatens not to pronounce talaq.

In fact, in our legal system in terms of religion or state, there are ways out that can be taken. Watch the discussion below one by one.

Law Wife Ask Divorce but Husband Refuse in Islam

In Islam, marriage is a holy contract, but that does not mean that the relationship must be maintained if it only brings harm (loss or danger).

Wife Allowed to Apply for Divorce (Khulu')

If the husband does not want to divorce, the wife can still file for divorce through the religious court with a khulu' application, that is, divorce because of a wife's request.

"If a woman does not like her husband and is afraid that she cannot fulfill her obligations, then she may ask for a divorce by returning the dowry."

(HR. Bukhari)

However, in practice, not all divorce lawsuits by wives are processed as khulu', if the wife files for divorce on the basis of syar'i such as:

Husband does not provide sustenance Husband leaves home Husband is abusive and commits KDRT Husband cannot fulfill his obligations as a husband

This can be processed as a fasakh or ordinary divorce, without having to return the dowry.

Divorce Is Not Just a Husband's Right

There is a misunderstanding in the community that only the husband has the right to divorce. In fact, Islam provides a solution for the wife to get out of a painful marriage.

Ulama agreed that if the husband makes the household like hell for the wife, then the wife is allowed to file for divorce.

Example: A wife named Maysaroh (not her real name) filed for divorce because her husband did not provide for her for a full year and always played hands.

In such a case, the panel of judges in the religious court will generally consider the reason, and the divorce can be granted even without a "divorce" from the husband.

Thus, in Islam, a wife is still allowed to file for divorce even if her husband refuses, as long as according to the sharia there is a valid reason. In fiqh terms, this is known as two paths: khulu' and fasakh.

Khulu' is when a wife asks for a divorce because she feels she can no longer live with her husband, whether it's because there is no compatibility, mental pressure, or feeling uncomfortable in her constantly.

Generally, khulu' is carried out with the condition that the wife returns the dowry (maskawin) that has been given by the husband. However, it must be remembered, khulu' can only happen if the husband agrees.

If the husband refuses or does not want to divorce, Islam still gives a way out. The wife can take the fasakh route, which is the cancellation of the marriage by a religious judge. This can be done if there is a clear and proven shari'i reason, for example:

Husband does not provide birth or spiritual sustenance Husband disappears for a long time without news There is domestic violence or violence Husband does not carry out household obligations or responsibilities

In these cases, even if the husband still insists on refusing a divorce, the judge has the right to officially decree a divorce.

That way, the legal wife can apply for a divorce, even if the husband does not agree. As long as there is a strong and legally justified reason, the court can help resolve it without the need for the husband's signature.

That's the review of what the law is for a wife to ask for a divorce but her husband refuses. Hopefully useful! Visit VOI.id for other interesting information.