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Divorce on account of husband's homosexuality

Published: 24/08/2011 07:00:00 PM GMT
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A woman has caught her husband engaging in homosexual acts. Is the marriage valid? Can the woman ask for a divorce ? Is she supposed to pay back the dowry in case she wants the divorce? Her parents are trying to force her to stay with him in hopes that he will mend his ways. Does she have to comply with her parents' wishes?

Answered by

Sheikh Hânî al-Jubayr, judge at the Jeddah Supreme Court

The marriage is still valid. However, the woman has the right to ask for a divorce for this reason. If the husband agrees, it is fine. If not, she can petition for a divorce from the Islamic courts or appropriate Islamic authorities in her locality, if such an option is availible. Otherwise, they can arbitrate to someone, a Muslim, who is acceptable to both of them.

If the judge believes the claim of the woman against her husband, then the judge can terminate their marriage contract. Otherwise, there is no way to terminate the marriage contract except by her refunding the dowry paid by the husband back to him. Thereupon, he will be obliged to divorce her.

If the woman’s parents want their daughter to stay with her husband as he may repent, then it is permissible, but not obligatory for the woman to comply with their wishes.

Source: Islam Today

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