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Search Fatawaa


Fatwa Number : 674

Subject : : Warning Husband against Divorcing Wife with no Reason

Classified : Divorce

Fatwa Type : Search Fatawaa


Question :

My husband wants to divorce me with no reason although we have been recently married, is it permissible for him to do so?



The Answer :

Praise be to Allah the Lord of the Worlds.



Divorce causes serious harm to a woman and it isn`t permissible for a man to take such step save for a valid Sharia reason. However, according to Sharia, the man doesn`t have to justify this action since it is a private matter. Nevertheless, he should be a fair judge, so he should treat his wife the way he likes his brother-in-law to treat his sister or his son-in-law to treat his daughter. If this isn`t his attitude then he is being unjust to his wife. Upon the conclusion of the marriage contract, a woman becomes a wife who has rights and obligations. Therefore, how could a man divorce a woman who had given herself to him and pinned great hopes on leading a new life with him!? Allah the Almighty says, "And how could ye take it when ye have gone in unto each other, and they have Taken from you a solemn covenant?"{An-Nisaa`, 21}. A solemn covenant refers to the marriage contract through which a womangives herself to husband completely.



In addition, The Prophet (PBUH) said: "Of all the lawful acts, the most detestable to Allah is divorce."{Abu Dawoud}. Divorce is lawful, yet it is most detestable to Allah as it does great harm to the wife and her family. Having said that, a true believer should be keen on pleasing Allah and abstaining from whatever displeases Him. The Messenger of Allah (PBUH) said, "A believer must not hate (his wife) believing woman; if he dislikes one of her characteristics he will be pleased with another."{Muslim}. He (PBUH) also said," If any woman asks her husband for divorce without some strong reason, the odour of Paradise will be forbidden to her."{Abu Dawoud}.



Based on the aforementioned, we conclude that divorce is a serious matter, which shouldn`t be issued save for a valid Sharia excuse according the assessment of the husband himself.Men who took this matter lightly have actually abused Islam and portrayed it as a religion, which promoteslustfulness and the belittlement of the feelings of women and their families. In addition, people tend to get the wrong idea about the woman who gets divorced after a short period of marriage, so how would the one who destroyed the reputation of a Muslim woman justify his deed before Allah the Almighty!? Divorce is a very serious decision, which Allah has granted to the man who is mindful of Him and will stand before Him on the Day of Judgment. Allah the Exalted says, "And fear the Day when ye shall be brought back to God. Then shall every soul be paid what it earned, and none shall be dealt with unjustly."{Al-Baqarah, 281}.



As for paying all or half of the Mahr (Bridal gift), it is nothing compared to the affliction that befell the divorced woman? For example, Al-Hasan Bin Ali divorced his wife then he sent her a substantial amount of money, but she said, "It is nothing compared to losing him as a husband." Unfortunately, he couldn`t take her back because their divorce was final (Issued a third divorce to her).



We advise such a husband to fear Allah and dwell upon this crucial decision. Thus, if he disliked any of her characteristics then he should pardon her so that Allah pardons him. Allah says, "…..let them forgive and overlook, do you not wish that God should forgive you? For God is Oft-Forgiving, Most Merciful."{An-Nour, 22}.And Allah the Almighty knows best.



 





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