6 – This point also shows that a woman may not be compelled to remain with a husband she does not accept, and that her request must be granted when she seeks dissolution of the marriage.

Among the evidences for this ruling is the report in Ṣaḥīḥ al-Bukhārī: “The wife of Thābit ibn Qays came to the Prophet ﷺ and said, ‘Messenger of Allah, I find no fault with Thābit ibn Qays in character or in religion, but I dread slipping into unbelief while living as a Muslim.’ He asked, ‘Will you return his garden to him?’ She answered, ‘Yes.’ The Messenger of Allah ﷺ then said, ‘Take back the garden and divorce her once.’ ”

Shaykh al-Islām said: The Lawgiver does not force a woman into a marriage she does not desire. Rather, when she dislikes her husband and discord arises between them, her case is referred to someone other than the husband—one of her relatives who will look to her best interest—so that she may be freed from the marriage without his consent. If she may thus be released from him, how could she possibly be held captive with him forever against her will?