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Question 295: Salam, I am a shia- asnashari recently as per islamic gudielines I married a girl who claimed to be a syed, (had seen isteqara based on the name as given in profile but her name was different) after marriage I found that neither the girl is a syed, was married earlier and there is no compatablity and as this marriage is based on falsehood I want to divorce her, (dowry is not a issue as I have not demanded any thing before or after marriage I am financially well off and dont need any thing) I have paid the mehar at the time of marriage. what is the procedure of initiating a divorce. the marriage lasted less then a week and I have sent her home to her family. I had based this marriage on truth and had not hidden any facts with respect to my age, qualifications, family, income, etc. marriage from my side was based on facts and from her side was based on falsehood. please inform me how to get myself out of this mess.

Answer 295: The biggest capital in a couple’s life is truthfulness and honesty. If there is honesty in a family there would be no ground for any misunderstanding and misconception. The biggest problem can be ironed out through honesty and honest relationships.

On the other hand, wives and husbands must be kind to each other, have forgiveness and overlook the mistakes of one another in order to have a lovely and healthy living.

If the characteristics you’ve mentioned truly exist in their immoral sense in your wife, you should make her recognize such actions with soft, loving and kind words.

If she accepts her faults and truly ask forgiveness of Allah (SWT), then turn to Him you are recommended to forgive her, overlook [her ignorance] and live with each other, as in the holy Quran Allah, the Almighty says: “So pardon them and turn away Surely Allah loves those who do good (to others)”.[1]

Also, we as Muslim are supposed to follow what has been stated by the holy Prophet (pbuh). He (s) says: “The best of you is the one who is best among his family and I am the best to my family among you”.[2] So, you can overlook her ignorance and live together.

If you think it is impossible to live together in any way you are able to divorce her, because divorce is despised when it is done without an acceptable excuse, but if there is a good excuse for divorce, it will no longer be hated, and that is what divorce is for; for when there is no other way out.

How to get divorce:

Divorce is a one-sided contract (which is one of the unilateral obligationsiqa’at“) and it is carried out by the husband unilaterally even though the woman may not consent to it.” Therefore, a man can divorce his wife one-sidedly in accordance with the rules prescribed by the religion.

Divorce contract must be recited with the correct Arabic words in a way such that two just men listen to it. If the man wants to recite it by himself and his wife’s name is Fatimah, he should say:
“زَوْجَتِى فٰاطِمَةُ طالِقٌ”

Which means, my wife Fatimah is freed. If he appoints someone to recite it, the attorney should say[3]:[4]
“زَوْجَةُ مُوكِّلى فٰاطِمَةُ طٰالِقٌ”

For further information in this regards, please refer to the following answers:

Index: Living away from home for a long time is not considered as the reason for Divorce, answer 468.

Index: Conditions of divorce and Validity of getting divorce by SMS, answer 423.

[1] . Surah al-Maedah, verse 13.

[2] . Sheikh Saduq, Man la Yahduruhu al-Faqih, vol. 3, pg. 555, Jame’eh Mudarresin Publications, Qom, 1413 AH.

[3] . Imam Khomeini, Tawzih al-Masaeil (al-mohasha), ibid, p 522, question 2508, compiler: Bani Hashemi Khomeini, Syed Muhammad Hussain, the office of Islamic propagation, Qom, eighth edition, 1424 AH.

[4] . Adopted from answer 468 (Index: Living away from home for a long time is not considered as the reason for Divorce).