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 A PERSON IS FORCED TO DIVORCE HIS WIFE AGAINST HIS WISHES BUT DOES NOT DIVORCE HER FROM HIS HEART IS THAT CLASSED AS A DIVORCE? 

 

(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:

 

Divorce against wishes

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.

 

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.)’

 

If the man declares or announces the phrases of divorce against his wife, regardless of what was in his heart or whether the declaration was made with his wish or against it, the divorce will be established in the sight of Shariah and Allah Subhanah. 

 

Neither can the ones who have agreed to marry, nor the one who has pronounced the divorce say the next day that they was joking or it was against his wishes!  The declaration from the man regarding his marriage, his divorce, and the taking back of his wife when the divorce is not irrevocable, will be considered absolutely binding in his relationship with his wife. 

 

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