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Search Fatawaa

Subject : Is Abandoning Wife Considered Divorce?

Fatwa Number : 1930

Date : 13-11-2011

Classified : Eilaa' (a husband abstaining from having relation

Fatwa Type : Search Fatawaa

Question :

My husband has married another woman and abandoned me. Is this considered divorce?

The Answer :

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

Islam has enjoined dealing justly with wives in terms of food, drink, dwelling, and expenditure. Allah, The Almighty, Said (What means): "Marry women of your choice, Two or three or four; but if ye fear that ye shall not be able to deal justly (with them), then only one," {An-Nissa`/3}. Moreover, Prophet Mohammad has warned men against dealing unjustly with any of their wives where he (PBUH) said: "Whoever has two wives and is inclined to favor one of them over the other, he will come on the Day of Resurrection with half of his body leaning." {Ahmad}.

However, the abandonment of wife isn`t considered a divorce so long as the husband hasn`t uttered any divorce pronouncement, but he is considered sinful if he had abandoned his first wife for no sound reason. He should return to her and make amends. We remind him to deal justly with his two wives, fear Allah, The Almighty, and keep them in kindness for Allah Said (What means): "live with them on a footing of kindness and equity." {An-Nissa`/19}. Finally, we advise the injured party to resort to court. And Allah Knows Best.




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