Q&A (Fatwa)

#1101: Ruling On A Woman Seeking Divorce From Her Husband Because She Is No Longer Happy

“Assalamualeikum warahmatullah wabarakatuh. Can a woman ask for a divorce if she’s not happy with a marriage Again. Is she allow to go to d and ask for divorce?”

ANSWER:

Wa Alaykum Salam Warahmatullah Wabarakaatuh.

Know, may Allah bless you and your offspring, that the Shariah has come to protect the home and the unity of the families. This is one of the Maqaasid of the Shar’iah and every measure that will prevent a breaking of its bonds and a severence of its harmony is warded against except for serious exigencies where the harm in this bond is inimical to the soundness of Iman or the soundness of the mind of its members.

For this reason, the Rasul salallahu alayhi wasallam said in the Hadith that was recorded by Imam Abu Daawud As-Sijistaani rahimahullah and Abu Isa At-Tirmidhi and others:

أيما امرأة سألت زوجها الطلاق من غير ما بأس فحرام عليها رائحة الجنة

“Whichever woman asks her husband for divorce without their been a valid reason, the fragrance of Jannah becomes forbidden from her”

The Muhaddith Imam Shaykh Muhammad Nasiruddin Al-Albaani rahimahullah considered this Hadith Sahih.

Shaykh Muhammad bn Abdurrahman bn Abdurrahim Al-Mubaarakfuri rahimahullah said in Tuhfatu Al-Ahwadhi while commenting on this Hadith that what is meant by “Min Ghayri Maa Ba’as” is:

“Without any serious difficulty that makes that a necessity”

This is because so many times when we are in difficulty, we seek solutions in our emotional state and may assume certain things are solutions because we are blinded by our emotions. In the long run, these seeming solutions turn out to be mirages that make our situations worse.

Women are much more emotionally deep than men, a very important attribute for their lives, the Shaar’i knows that and therefore stipulated that their situations be severe before they sought such divorces. Likewise, men have more resolute egos than women and when women persistently seek for divorce out of emotions, the man may be swayed to give same out of his ego and pride.

The Fuqahaa have mentioned scenerio that are necessities for women to seek divorce from her husband. Of them is the persistent inability of the husband to meet the basic needs of the wife.

Muwaffaquddin Ibn Qudaamah said in Al-Mughni:

“And it’s summary is that if a man deliberately withholds the minimum spending from his wife and or has no means for the required spending, the woman is given the choice between being patient and divorce.”

Of them is when the husband travels and he’s absent deliberately from her for over 6 months.

Ibn Qudaamah rahimahullah said:

“Ahmad Ibn Hanbal was asked: what is the maximum period for a man to be deliberately absent from his wife? He answered: six months have been narrated”

‘Alamuddin Ad-Dardir Al-Maaliki rahimahullah mentioned in Ash-Sharhu Al-Kabir that the Scholars are agreed that any form of harm that infringes on the Din or wellbeing of the wife is a sound ground to seek divorce.

Thereafter, you have not specified the circumstances of the ‘not happy’ you have referred to to enable us give specific references to the scenario you describe. For that reason, we advise you to fear Allah and know that patience in this regard is better than haste and hastiness that may lead to sadness and friction in your life and that of those around you, be careful what you wish for and what decisions you make at this stage. Then, seek advice from someone who has knowledge and sense and who is conversant with the details of the circumstance that you face.

May Allah bless you and grant you Tawfiq and Saqinah. Amin.

Barakallahu fikum
Jazakumullahu Khayran.

Abū Asīm

3rd Jumadal Th-Thāni, 1442AH.

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