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Ruling On A Woman Asking For A Divorce From Her Husband

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If a couple differs in their Islamic perceptions. One who grow up in the West and the other in the East. And they quarrel constantly and can't come to an agreement. At what point is talaq considered? Is it wrong for a sister to ask for talaq? Will she be punished on the Day of Judgment? Does the Arsh of Ar-Rahman shake once talaq is asked for? This is what one sister, growing up the West is being told by her husband from the East.
Jazak Allah khayr for your response.


All Praises are Due to Allah

The divorce of a Muslimah from her husband is an affair which is loathsome to Allah and not a praise worthy event. This is due to the problems and possible evils. However, if there is a situation in the marriage life taking place between the man and the women, due to a defect or defects in one or both of them, such problems of deen, bad character, sickness, or a defect such as being sterile or similar. Then out of the mercy of Allah, seeking divorce is permissible. In this case, it is okay and there is nothing prohibited in seeking a divorce.

The thing which is prohibited is a wife seeking a divorce from her husband for no reason of the shariah. There is serious promise made for seeking a divorce without a valid reason. It is reported in the hadith of the Prophet (peace and blessings of Allah be upon him), "If a women asks her husband for a divorce, for no reason, then the smell of paradise is forbidden for her". (At-Tirmidhi narrated it. He said this is a hasan hadith. Sunnah At-Tirmidhi #1187.)

The hadith "marry and do not divorce for verily divorce causes the arsha (throne of Allah) to shake" is also forged and da'eef. (Al Jami As- Sagheer #2429)

Allah knows best.

Can she ask for divorce because he is beating her?

CAN A WIFE OF A FEW MONTHS, AND PREGNANT DIVORCE HER HUSBAND DUE TO THE FACT THAT HE DOESN'T SUPPORT HER IN THE CUSTOM SHE IS USED TO, BEATS HER UP, DOESN'T RESPECT HER, AND REFUSES FOR HER TO GO TO THE MOSQUE TO PRAY, ALL THIS BECAUSE SHE REFUSES TO GIVE PERMISSION FOR HIM TO MARRY AN AMERICAN WOMAN WHO ONLY BECAME MUSLIM RECENTLY AFTER HE WAS MARRIED TO THIS TURKISH WOMAN. HE IS ALSO AN AMERICAN, HE AND THIS OTHER WOMAN HAVE A CHILD OUT OF WEDLOCK.

Praise be to Allaah.

A woman has the right to ask for divorce when her husband mistreats her in a way that she cannot stand and cannot bear with patience, or if he falls short in his obligatory spending on her, or if he is someone who indulges in these evil actions if she thinks that leaving him is in her best interests and will protect her commitment to Islam and her chastity.


Shaykh Waleed al-Firyaan

 

  EsinIslam.Com

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