She Have The Right To Ask For Divorce If Her Husband Is
Having Haraam Relationships With Other Women?
Islamic Rulings -
Living Shariah Verdicts
Islamic Questions & Answers
Is it permissible to ask for
divorce from a husband who has haraam relationships
with other women?.
Praise be to Allah.
It is not permissible for a woman to ask for khul‘ or
talaaq from her husband except for a legitimate shar‘i
reason, because of the report narrated by Abu Dawood
(2226), al-Tirmidhi (1187) and Ibn Maajah (2055) from
Thawbaan who said: The Messenger of Allah (blessings
and peace of Allah be upon him) said:
who asks her husband for a divorce when it is not
absolutely necessary, the fragrance of Paradise will
be forbidden to her.”.
This hadith was classed as Sahih by al-Albaani in
Sahih Abi Dawood.
“absolutely necessary” indicates a case of hardship in
which divorce is the only recourse.
It was narrated from ‘Utbah ibn ‘Aamir (may Allah be
pleased with him) that the Prophet (blessings and
peace of Allah be upon him) said:
seek divorce by khul‘ are the hypocrite women.”
Narrated by al-Tabaraani in al-Kabeer (17/339);
classed as saheeh by al-Albaani in Sahih al-Jaami‘,
What is meant by that is women who seek divorce by
khul‘ when there is no reason that makes it
permissible for them to seek that.
If the husband is having haraam relationships with
other women, this is a reason which makes it
permissible for the wife to seek talaaq or khul‘, so
as to protect herself and her honour, and as a
precaution against diseases that the husband may bring
because of these relationships.
Shaykh Ibn Jibreen (may Allah preserve him) said,
explaining what justifies seeking talaaq or khul‘: If
the woman dislikes her husband’s character, such as if
he is harsh or hot-tempered or quick-tempered or gets
angry a great deal for the slightest reason and
rebukes for the slightest shortcoming, then she has
the right to seek divorce by khul‘.
If she dislikes his physical make-up, such as if he
has a defect or is ugly or is lacking in one of his
senses, then she has the right to seek divorce by khul‘.
If he is lacking in religious commitment, such as if
he does not pray or is careless us about praying in
congregation or breaks the fast in Ramadan without any
excuse, or he does haraam things such as zina,
drinking alcohol, listening to songs and music, and so
on, then she has the right to ask for divorce by khul‘.
If he denies her rights to maintenance, clothing and
other essential needs and he is able to provide that,
then she has the right to ask for divorce by khul‘.
If he does not give her, her right to regular intimacy
and that which will keep her chaste because of
impotence (inability to have intercourse) or because
he is not interested in her or is attracted to someone
else, or he does not divide his time equally (among
co-wives), then she has the right to ask for divorce
And Allah knows best. End quote.
See also the answer to question number
And Allah knows best.