#1183: Response to Sister who wants to Divorce from a Marriage Not Yet Consumated
QUESTION:
“I have a question please. A sister got married recently but it hasn’t been consummated. She’s thinking of asking for a divorce because of some bad attitudes she’s seeing in the brother.What are the procedures to take? Should she just request for talaq?”
ANSWER:
Alhamdulillāh.
As for this, the question is why does she want to seek a Divorce from a Marriage already conducted?
Is she oblivious of the Hadith in which the Rasūl Salallāhu Alayhi Wasallam said:
أيما امرأة سألت زوجها الطلاق من غير ما بأس فحرام عليها رائحة الجنة
“Any Woman who seeks divorce from her husband without any compelling reason would have the fragrance of Jannah forbidden from her”
This Hadīth was recorded by Abū Dāwud As-Sijistānī and Imām Abū ‘Īsā At-Tirmidhī.
As for the word ‘Ba’as’ as used in the Hadīth, it is mentioned in Tuh’fatu Al-Ah’wadhī that it means a compelling reason that is strong and where no alternative is applicable.
The fact that the marriage has not been consumated is not a reason to be reckless about this Nikāh…
May Allāh grant you Tawfīq and Sadād, Āmīn.
Bārakallāhu Fīkum
Jazakumullāhu Khayran
Abū Āsim
8th Muharram, 1443AH
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