#192: Ruling on Divorcing due to Non-Existence of Love
QUESTION
ON DIVORCING A WIFE BECAUSE LOVE NO LONGER EXISTS FOR HER
A questioner asked: “@Admin; As-Salaamu alaikum warahmatuLLaahi wabarakaatuh: Is there anything bad, whether Islamically or ethically in divorcing a wife when you know love no longer exists between the both of you? or you feel you no longer love her?JazaakumuLLaahu khairan for your anticipated response. ”
ANSWER
Alhamdulillaah!
In Islam, Talaaq (divorce) is a permissible thing when there is a justified reason for it, and detested when there is no reason to justify it.
The Ulamaa are at a consensus that it is permissible for a woman to seek divorce from her husband if she has a solid reason recognized by the Shari’a, that it is permissible for a man to divorce his wife if he has a solid reason to divorce her, and that it isn’t permissible for a woman to seek divorce from her husband without a shar’i reason.
Evidence for the last one is the Hadith related by the Companion Thawbaan – radiyallaahu ‘anhu – that the Rasul – salallaahu ‘alayhi wasallam – said:
“Whichever woman seeks divorce from her husband without any problems (occuring between them) then the fragrance of Jannah becomes haraam for her.” transmitted and recorded by At-Tirmidhi and Ibn Majaah, and declared Sahih by Al-Albaani in Sahih Abi Daawud
As for a man divorcing his wife without a solid reason, the Ulamaa differed but the correct verdict is its impermissibility. Ibn Qudaamah – rahimahullaah – said: “Al-Qaadi said: there are two verdicts on it: the first is that it is Haraam because in it is creating difficulty for himself, his wife (and his family) without there been any real advantages for both of them, then it becomes Haraam like the wasting of wealth…” In the Hadith, the Rasul – salallaahu ‘alayhi wasallam – said:
“Let not any believer dislike a believing woman. If he dislikes a character of hers, he would like another character of hers.”
The reasons that are condoned in the Shari’a to warrant Nikah are those things that do not allow any of both parties to give the other his/her rights that form the pillars of the Nikaah. Such as if the husband denies his wife her daily needs, denies her shelter or boycotts her sexual needs, etc. Severe hatred is also a justified reason as the Fuqahaa have established, and that is due to the Hadith of Ibn ‘Abbaas that was transmitted by Imaam Al-Bukhaari in his Sahih about the story of the wife of Thaabit bn Qays when she sought that the Rasul – salallaahu ‘alayhi wasallam – dissolves her marriage with her husband on the grounds of the severe hatred she has developed for him and her fear of her inability to meet up with the rights and responsibilities of marriage and may fall into Kufr.
The Rasul – salallaahu ‘alayhi wasallam – dissolved the marriage after commanding her to return to Thaabit bn Qays the Mahr that he had given to her during the Nikaah.
However, beloved brother, the absence of love is not the presence of hatred. The kind of hatred that is sufficient a ground for divorce is that which is severe and can lead to the Marriage’s collapse or the harming of each other in the house. That is because, simple absence of love/affection is not enough to outweigh the other benefits of managing through.
The disadvantages of divorce are immense, rippling in nature and huge. More than just the lives of both partners are affected. These disadvantages can not be overlooked simply because of the absence of love.
Allaahu A’alam;
baarakallaahu feekum!
📨@IslamNode📤
