When is it obligatory to 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:

In what situation or condition Talaq or Divorce shall be given by a man? or in what conditions it become mandatory to divorce a womane? 


(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.)




When is it obligatory to 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.


Your Question: In what situation or condition Talaq or Divorce shall be given by a man?

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.


As much as Islam has guided the believers to fear Allah and strive to scrupulously honor their marriage contract, Islam has recognized that human beings are not like animals that when two amongst them are tied together, they have to live the rest of their lives together whether they like it or not.


It is possible that two people who once chose to unite in the sacred bond of marriage may find a situation or condition where one (or both) fear that they might not be able to fulfill the lawful rights of the other or live together within the boundaries of Allah Subhanah…..and as much as Islam has discouraged the institution of divorce, such a couple are well within their rights to legally seek their freedom and separate through divorce.


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.’


Your Question: ….or in what conditions it become mandatory to divorce a womane? 

Al-Tirmidhi Hadith 3655        Narrated by Abdullah ibn Umar


Allah's Messenger (saws) said, "There are three people to whom Allah has forbidden Paradise: one who is addicted to wine, an undutiful son, and a cuckold who agrees to his womenfolk's adultery."


If one’s wife is openly and unrepentantly unchaste, it is incumbent and obligatory upon a believer who sincerely fears Allah and the Last Day that he must divorce 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,





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