If one lady, is not intersted in her husband even 1% and also they dont do any act like husband and wife

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

if one lady, is not intersted in her husband even 1% and also they dont do any act like husband and wife and their are many problems in their lives, and lady is not agree to spend even one minute with her husband and she need divorce from him but that husband is not agree for this and he is saying that you have to spend your life like this for complete life. what is the solution in islam for this case? and what should that lady do??

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

Seeking divorce

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Dear and beloved Sister, Islam has recognized the fact that human beings are not animals that two of them are tied together and thus ‘must’ live together and get along, even if they do not wish to do so!   Every human being is an individual, and each has its own habits, and temperaments, and likes and dislikes, etc….and it is possible that even when two human beings who once agreed to be bonded and united in the sacred institution of marriage may wish, for any number of reason, to free themselves from that union.  For such people, Islam has left open the door of ‘talaq’ or divorce….but Islam has guided that just as at one time the two individuals agreed to unite with each other in love, and harmony, and peace….if at all it happens that they may wish to separate, they should do so with peace, and harmony, and generosity.

 

Your Question: and lady is not agree to spend even one minute with her husband and she need divorce from him but that husband is not agree for this and he is saying that you have to spend your life like this for complete life.  what is the solution in islam for this case? and what should that lady do??

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 229:

229    A divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness.  It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah.  If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them if she (the wife) give something for her freedom. These are the limits ordained by Allah; so do not transgress them.  If any do transgress the limits ordained by Allah such persons wrong (themselves as well as others).

 

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 19:

19      O ye who believe! Ye are forbidden to inherit women against their will.  Nor should ye treat them with harshness that ye may take away part of the dower ye have given them except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity.  If ye take a dislike to them it may be that ye dislike a thing and Allah brings about through it a great deal of good.

 

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 128-131:

128    If a wife fears cruelty or desertion on her husband's part there is no blame on them if they arrange an amicable settlement between themselves; and such settlement is best; even though men's souls are swayed by greed.  But if ye do good and practice self-restraint Allah is well-acquainted with all that ye do.

129    Ye are never able to be fair and just as between women even if it is your ardent desire: but turn not away (from a woman) altogether so as to leave her (as it were) hanging (in the air).  If ye come to a friendly understanding and practice self-restraint Allah is Oft-Forgiving Most Merciful.

130    But if they disagree (and must part) Allah will provide abundance for all from His all-reaching bounty: for Allah is He that careth for all and is Wise.

131    To Allah belong all things in the heavens and on earth.  Verily We have directed the people of the Book before you and you (O Muslims) to fear Allah.  But if ye deny Him lo! unto Allah belong all things in the heavens and on earth and Allah is free of all wants worthy of all praise.

 

Your Question: what is the solution in islam for this case? and what should that lady do??

If the husband is absolutely convinced that his wife no longer loves him, or no longer wishes to continue their marriage and seeks her freedom for him for any reason….it would only be piety and righteousness on the part of the husband to fulfill the request of his wife and free her by pronouncing a divorce.

 

But if for any reason the husband is not willing to amicably settle the differences and grant his wife a divorce, the wife in Islam is well within her rights to approach a Shariah Court and initiate a divorce proceedings against her husband.  The Shariah Court Judge will then call the husband and command him to declare a divorce and grant his wife the freedom she wishes.  If the husband, for any reason, still refuses to obey the Command of the Court, the Shariah Judge has the right to declare a divorce between the two and grant the wife her freedom.

 

Beloved Sister in Islam, what we have related so far to you in our answer are the legal implications of the wife initiating a divorce in marriage.  Although the concept of ‘divorce’ is lawful in Islam, it is extremely detested by Allah Subhanah and if a woman seeks divorce without an extremely valid reason, she will have a severe accounting in the presence of her Lord Most High on that Inevitable and Tumultuous Day of Judgment.  Thus both parties should fear Allah Subhanah their Lord, and if there is any chance of a reconciliation between the couple, they should strive their absolute utmost to honor their commitment to the marriage.  The believers are guided by Allah and His Messenger (saws) to seek divorce only as an absolute last resort.

 

Sunan of Abu-Dawood Hadith 2173  Narrated by Abdullah ibn Umar

The Prophet (saws) said: ‘Of all the lawful acts’ the most detestable to Allah is divorce.’

 

Sunan of Abu-Dawood Hadith 2172  Narrated by Muharib

The Prophet (saws) said: ‘Allah did not make anything lawful more abominable to Him than divorce.’

 

Sunan of Abu-Dawood Hadith 2218  Narrated by Thawban

The Prophet (saws) said: ‘If any woman asks her husband for divorce without some strong reason, (even) the odour of Paradise will be forbidden to her!’

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan

 

 
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