Valid reasons to give divorce.

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:

Brother ,

I want to know about Divorce.

What are the reasons for a husband to divorce his wife.

Are there any powerfull reasons or he may divorce on simple mistakes. For example,

she is not  a good cook,

she is not healthy,

she dont do cleaning nicely

she shout on husband, but say sorry first

she raised her voice against her man

she is not well educated so she cannot comunicate very well...

 

please answer me in deatail as soon as possible.

 

jazakallah.

 

(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:

 

Valid reasons to give 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.

 

Respected sister, Islam has recognized that two human beings who at one time in their lives intended and committed to unite in the sacred institution of ‘nikaah’, might not get along for any reason and may wish to go their separate ways…..thus as detestable and disliked such a separation might be in the Sight of Allah Subhanah, separation through the institution of divorce is indeed considered lawful in Islam.

 

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.’

 

Islam has guided the believers, men and women alike, who are bonded in the sacred institution of ‘nikaah’ to fear Allah their Lord and scrupulously honor their marriage.  And as it is clearly declared by the Messenger of Allah (saws) that of all the lawful acts, the most detestable in the Sight of the Lord is divorce…..it would be safe to assume that it would not be piety and righteousness in the Sight of the Lord Most High if one were to seek divorce for frivolous and petty reasons like their spouse is not healthy, or not a good cook, etc. 

 

Do bear in mind sister, that if the husband were to declare a divorce, even if it be for a petty and frivolous reason, or no reason at all, or even if it was only uttered in jest….that divorce would be counted and established as a divorce in the Sight of Shariah Law and in the Sight of Allah Subhanah!

 

Sunan of Abu-Dawood Hadith 2189  Narrated by Abu Hurayrah

The Prophet (saws) said: ‘There are three things which, whether undertaken seriously or in jest, are treated as serious: Marriage, divorce and taking back a wife (after a divorce which is not final).’

 

Your Question: …..What are the reasons for a husband to divorce his wife.

We reiterate again that a divorce declaration for absolutely any reason will be deemed and counted as a divorce in the Sight of Shariah Law….

 

Because Islam is a complete ‘code of life’, the truth is that depending on the situations and the conditions there can be several reasons which might be valid for a couple to seek separation through divorce…..

 

The reasons which are listed in the Glorious Quran are if one or both parties fear that the couple might not be able to live within the Prescribed Boundaries of Islam if they were to remain together….or if the wife fears oppression and cruelty from her husband.

 

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 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 give something for her freedom (divorce). 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 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 wife) 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 divorce) 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.

The scholars and the jurists are of the opinion that if the one who initiates the divorce in their marriage is confident that they will be able to justify the reason/s for initiating the divorce in the Presence of their Lord Most High on that Tumultuous Day of Judgment, and they are confident that their Lord Most Majestic will accept their excuse…..all such reasons would be deemed valid grounds for initiating a divorce in their marriage.  

 

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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