No divorce and affair
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:
I have a similar question, a friend of mine wants to divorce her
husband they have been separated for about five years and he married to someone
but won't give this woman a divorce. She got involved with someone else. What
in the eyes of the Lord is their situation now?
thank you.
sister in Islam
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Answer:
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 no one (no idol, no
person, no grave, no prophet, no imam,
no dai, nobody!) worthy of
worship but Allah Alone, and we bear witness that Muhammad(saws) is His
slave-servant and the seal of His Messengers.
Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 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 give something (her Mehr) 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 are the
wrong-doers.
Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 231: When
ye divorce women and they fulfil the term of their (`Iddat) either take them
back on equitable terms, or set them free on equitable terms; but do not
take them back to injure them or to take undue advantage; if anyone does that
He wrongs his own soul. Do not
treat Allah's Revelations as a jest but solemnly rehearse Allah's favors on you
and the fact that He sent down to you the Book and Wisdom for your
instruction. And fear Allah and know
that Allah is well acquainted with all things.
Your
Question: a friend of mine wants to divorce her husband they have been
separated for about five years and he married to someone but won't give this
woman a divorce.
If the
wife seeks a divorce from her husband, and for any reason the husband is not
willing to divorce her, she is well within her rights to initiate a divorce
proceedings in a Shariah Court and the Judge would grant her a ‘khula’ or
divorce upon the return of the amount of ‘mehr’ the man paid the woman at the
time of their marriage.
It is not
righteousness on the part of the husband to take undue advantage of the right
of divorce granted to him by Allah Subhanah, and separate himself from his wife
for a long period of time without pronouncing a divorce, with the intention to
keep his wife hanging in a state where she is neither given her rights as a wife,
nor is she divorced. Such an attitude
and behavior on the part of the husband is severely disliked by Allah Subhanah,
for the man has made a ‘mockery’ and ‘jest’ of the Commands of Allah Subhanah. The man who treats his wife thus, will be
brought as a sinner and a criminal in the Just Court of Allah Subhanah and will
have a severe accounting indeed.
Your
Question: She got involved with someone else. What in the eyes of the Lord is
their situation now?
No matter
how long a time has elapsed in separation, if the divorce is not pronounced by
the man or the
It is
absolutely prohibited and considered a heinous sin in Islam for a married woman
to be involved with another man, regardless of the situation or condition. The woman should fear Allah Subhanah, and
immediately stop her involvement with the other man until she gets her divorce
from her husband; after which she is free to marry anyone she likes.
Allah says in the Holy Quran Chapter 39 Surah Zumur verses 53-54: (O
Prophet) say: “O My servants who have wronged their own souls….Do not despair
of Allah’s Mercy! Surely, Allah forgives all sins. He indeed is the All Forgiving, All Merciful. Return to your Lord and submit to Him before
the scourge overtakes you; for then you
may get no help from anywhere.”
Allah says in the Holy Quran Chapter 3 Surah Ale Imraan verse
135-136: Allah likes such good people very much, who, if ever they commit a base deed or wrong
their own soul by the commission of a sin,
remember Allah instantly, and ask
for forgiveness from Him for their shortcomings. For who,
but Allah, can forgive sins? (And Allah loves those) who do not knowingly
persist in the wrongs they did. These
will be rewarded with forgiveness from Allah,
and with Gardens beneath which canals flow, and they will reside therein forever! How excellent is the reward of those who do
good deeds!
Whatever
written of Truth and benefit is only due to Allah’s Assistance and Guidance,
and whatever of error is of me. Allah
Alone Knows Best and He is the Only Source of Strength.
Your Brother in Islam,
Burhan