Ruling On A Woman Asking For A Divorce From Her Husband
Islamic Rulings -
Living Shariah Verdicts
Islamic Questions & Answers
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