My brother-in-law`s (BIL) (wife`s brother) marriage is in trouble, (Marriage is 2 year old, they now have a baby 8 mnths old).
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:
Dear Brother Burhan,
May Almighty Allah reward you for your work.
My brother-in-law`s (BIL) (wife`s brother) marriage is in trouble, (Marriage is
2 year old, they now have a baby 8 mnths old). I have been married for almost
eight years in this family and I know that they are very nice and simple
people, Now the girl who has got married to him (BIL) complains of his ill
treatment and is not willing to stay with him, she has gone to her parents
home. we do not understand why she is doing that, her parents and other members
of her family are supporting her blindly. The boy (BIL) says he has done
nothing and he has tried all his best to keep her happy, he says her parents
are complaining that he does not visit their house more often and not take them
out, the boy is busy with his business from morning to evening in his shop
which he manages alone with a couple of salesmen. Now that he has a daughter he
does not want to give talaq to her and at the same time the girl does not want
to stay with him. The girls family does not say that they want talaq at the
same time they keep a lot of mental pressure on the poor guy. I think, I am
sure he is innocent, however Almighty Allah is all knowing. What does Islam has
to say about a relationship where the Husband and Wife do not meet each other
though they are married. Do you think it is better they opt for talaq. The boy
has compromised and went to bring her back once in the past too, now seems like
the girl is bent on not coming back. Please advise.
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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 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.
Your Question: What does Islam has
to say about a relationship where the Husband and Wife do not meet each other
though they are married.
Once two
people have chosen to be united in the sacred bond on marriage, it does not
behove and befit the believers, who sincerely fear Allah and the Last Day, to
remain separate from each other permanently.
Either they bury their differences and come to an amicable settlement
between each other and give each other their due rights in marriage, or seek
separation by divorce. But under no
circumstances are they permitted to remain separate from each other permanently
after they have chosen to be united in the sacred bond of marriage.
Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 128-130:
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.
Your Question: The boy has
compromised and went to bring her back once in the past too, now seems like the
girl is bent on not coming back. Please advise.
Islam has
recognized that a human being is not an animal who can be tied down against
their will, and for those who do not wish to continue their relationship in
marriage, Islam has opened a legal door of separation through the system of divorce. If the sister has made up her mind for
whatever reason to seek a separation through divorce, and there is absolutely
no hope of her changing her mind, there is not much one can do. In such situations it would be best if the
husband would accept her decision and pronounce a divorce on her, and thus free
each other from the bond of marriage so that they may continue their life in
freedom and peace.
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 in
Islam,