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Search Fatawaa

Subject : : Warning Husband against Divorcing Wife with no Reason

Fatwa Number : 674

Date : 27-04-2010

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 woman gives 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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