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:

What are good understandable reasons that can lead to divorce.

A wife from another religion belief who converts to islam for getting married to a muslim, and then leaves islam after marriage;

A wife who has sex with other men than the husband;

A wife who dares go out with other men than husband,

ARE THESE GOOD AND UNDERSTANDABLE REASONS TO 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:

 

Good reasons 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: What are good understandable reasons that can lead to divorce.

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.

 

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 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 (divorce). These are the limits ordained by Allah; so do not transgress them.  If any do transgress the limits ordained by Allah such persons wrong (themselves as well as others).

 

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.’

 

Ref-1: - A wife from another religion belief who converts to islam for getting married to a muslim, and then leaves islam after marriage;

If a believing woman (or man), regardless of whether they are reverts or born muslims, if one verbally declares their apostasy from Islam….their ‘nikaah’ with their believing spouse will be considered null and void at the very declaration of their apostasy in the Sight of Shariah Law and of Allah Subhanah.

 

If the wife does not actually verbally declare apostasy from the fold of Islam, but is severely negligent in fulfilling even her obligatory duties unto her Lord Creator, and after repeated warnings she is not willing to amend her conduct….the husband is indeed well within his rights to separate from such an impious wife through divorce, and there would be absolutely no blame or sin upon him.

 

Ref-2: - A wife who has sex with other men than the husband;

If one finds that one’s wife has committed the absolute abomination of adultery, and the husband sincerely believes that his wife fears Allah and is sincerely repentant at her abomination, and he can bring himself to forgive her her crime, there is no harm if the husband chooses to forgive her and save the marriage.

 

But if the husband finds and knows with absolute conviction that his wife has committed or commits the abomination of adultery, and she neither fears Allah, nor is repentant, and given half a chance, she would commit the abomination again….then it becomes absolutely obligatory for the believing husband to separate himself from such an evil wife through divorce, if indeed he fears Allah and the Last Day.

 

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."

 

Ref-3: - A wife who dares go out with other men than husband,

It obviously does not befit a believing woman who sincerely fears Allah and the Last Day to casually ‘go out’ with non-mehram men.  If a wife insists on ‘going out’ with non-mehram men, indeed her believing husband is well within his rights to separate himself from such an impious wife through divorce. 

 

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