Weather this separation is allowed in Islam... because here Wife wants to take divorce where as husband wont`..
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 Assalam alaikum o rahamutallahi o barakatahu.
First of all I wish to thank you for guiding the people in Islam with the help
of Qura`an and Hadith... may Allah almighty give you more and more strength and
health to serve the people...
My question is; My sister she is having 3 children`s (boys) age: 21, 18 and 14
years old.. she has completed her marriage life of 23 years now. Due to
ill-treating by her husband she wants to separate from him. But her husband
don`t want it. Morever children`s would also like to stay with their parents.
We brothers set a meeting few months before and we tried utmost efforts to keep
them their relations everlasting.. But my sister don`t want to stay with him
any more.
Kindly through the lights of Quraa`n and Hadith, could you pls. tell me weather
this separation is allowed in Islam... because here Wife wants to take divorce
where as husband wont`..
Your reply in this regard would be most appreciated.
Kind Regards
Brother in Islam
(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:
Is divorce allowed for Woman
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.
May Allah Subhanah reward you with the best of this world
and the Hereafter for your kind comments of encouragement for our humble
efforts in the propagation of the Truth.
If our humble and modest efforts have helped even one brother or sister
get closer to Allah and His Deen of Truth, then we would consider ourselves
indeed fortunate to have been given this opportunity by the Lord Most Merciful
to serve in His Cause. We hope, beg,
and pray the Merciful Lord accepts our
humble and weak efforts, forgives us
our shortcomings, and saves you, us, and all the believers from the torment of
the Hell Fire. Ameen.
Your
Question: Kindly through the lights of Quraa`n and Hadith, could you pls. tell
me weather this separation is allowed in Islam... because here Wife wants to
take divorce where as husband wont`..
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
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
If the question is simply whether it is permissible or
allowed in Islam for a believing woman to seek or initiate a divorce from her
husband, then the simple answer would be: yes!
Islam has allowed and permitted the believing woman the right to
initiate a divorce proceedings against her husband.
When a divorce is initiated by the wife in a marriage, it
is known in Fiqh or Islamic Jurisprudence terms as a ‘Khula’ divorce.
There are basically three ways for a wife to seek a
divorce:
If it is the woman who initiates the divorce or ‘khula’ in
marriage, she is required to repay the husband back the ‘mehr’ he paid her at
the time of ‘nikaah’, unless of course the husband, of his own will, wishes to
let his wife keep the ‘mehr’ he paid her.
But if the husband initiates the divorce, it is absolutely forbidden for
him to demand any payment or recompense of the ‘mehr’ or any other gifts he
might have given his wife during their marriage.
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.’
Amongst all the permissible things in Islam, the most
detestable and hated in the Sight of Allah Subhanah is divorce. Thus, if the woman is seeking to initiate a
divorce against her husband for a valid reason, there would be no sin upon her;
but if she seeks to initiate a divorce upon her husband without an absoluetly valid
reason, it would indeed be considered a sin.
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
