Valid reasons to give 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:
Brother
,
I want
to know about Divorce.
What
are the reasons for a husband to divorce his wife.
Are
there any powerfull reasons or he may divorce on simple mistakes. For example,
she is
not a good cook,
she is
not healthy,
she
dont do cleaning nicely
she
shout on husband, but say sorry first
she
raised her voice against her man
she is
not well educated so she cannot comunicate very well...
please
answer me in deatail as soon as possible.
jazakallah.
(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:
Valid reasons to
give 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.
Respected sister, Islam has recognized that two human
beings who at one time in their lives intended and committed to unite in the
sacred institution of ‘nikaah’, might not get along for any reason and may wish
to go their separate ways…..thus as detestable and disliked such a separation
might be in the Sight of Allah Subhanah, separation through the institution of
divorce is indeed considered lawful in Islam.
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.’
Islam has guided the believers, men and women alike, who
are bonded in the sacred institution of ‘nikaah’ to fear Allah their Lord and
scrupulously honor their marriage. And
as it is clearly declared by the Messenger of Allah (saws) that of all the
lawful acts, the most detestable in the Sight of the Lord is divorce…..it would
be safe to assume that it would not be piety and righteousness in the Sight of
the Lord Most High if one were to seek divorce for frivolous and petty reasons
like their spouse is not healthy, or not a good cook, etc.
Do bear in mind sister, that if the husband were to
declare a divorce, even if it be for a petty and frivolous reason, or no reason
at all, or even if it was only uttered in jest….that divorce would be counted
and established as a divorce in the Sight of Shariah Law and in the Sight of
Allah Subhanah!
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).’
Your
Question: …..What are the reasons for a husband to divorce his
wife.
We reiterate again that a divorce declaration for
absolutely any reason will be deemed and counted as a divorce in the Sight of
Shariah Law….
Because Islam is a complete ‘code of life’, the truth is
that depending on the situations and the conditions there can be several reasons
which might be valid for a couple to seek separation through divorce…..
The reasons which are listed in the Glorious Quran are if
one or both parties fear that the couple might not be able to live within the
Prescribed Boundaries of Islam if they were to remain together….or if the wife
fears oppression and cruelty from her husband.
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).
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.
The scholars and the jurists are of the opinion that if
the one who initiates the divorce in their marriage is confident that they will
be able to justify the reason/s for initiating the divorce in the Presence of
their Lord Most High on that Tumultuous Day of Judgment, and they are confident
that their Lord Most Majestic will accept their excuse…..all such reasons would
be deemed valid grounds for initiating a divorce in their marriage.
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