If a wife dislikes her husband whose character and Din (religion) she does not find fault with, and she pays him back the Mahr (mandatory gift to a bride from her groom) in full; is such a husband to be forced to divorce his wife as she is strongly disinclined to him even though he loves her?
A: If a wife dislikes her husband and fears not being able to keep the limits ordained by Allah, Khul` (divorce initiated by a wife) is thus prescribed and she has to give her husband the Mahr that she had received from him then he has to separate himself from her. Proof for the foregoing is the Hadith of
The wife of Thabit ibn Qays who came to the Prophet (peace be upon him) and said: 'O Messenger of Allah, I do not reproach Thabit ibn Qays in respect of character and Din, but I fear of Kufr (disbelief 'being ungrateful to Allah').' Thereupon the Prophet (peace be upon him) said: 'Will you give him back his garden?' She said: 'Yes.' She thus gave it 'the garden' back to him 'Thabit' and the Prophet ordered him to separate himself from her.
However, if a dispute arises between the two sides; this is to be referred to the legal judge to be settled. (Part No. 19; Page No. 412) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.