Sunday 23 October 2011

Divorce For No Reason?

Marriage is sacred and its not something to play with. I know if any normal moderately reasonable person were asked if its okay to divorce a spouse without any reason at all, their first reaction would be of course not! But hey, I have been on a site before where a brother was trying to prove to everyone else that requiring a valid reason for a divorce applies only to women and that a man could divorce a good, pious, beautiful, obedient wife for no other reason than he just wants to do so, and there would be no sin on him, and his evidence was that a sahabah did the same. Well, I was somehow disturbed that a supposedly pious muslim brother could be peddling that view on a public forum and I tried to reason with him that even the prophet SAW did not divorce any of his wives and he told men in his farewell pilgrimage speech to fear Allah and be good to women etc, but he insisted that there is no evidence that a man needs a reason at all to divorce a wife no matter how good she is. I came across this fatwa from a reputable scholar and posted it on the site for him to see and more importantly so that other muslim men without knowledge would not be misled by his "view". I decided to share it here too because how much i hate divorce...

Divorce For No Reason?

Author: Al ‘Allaamah Shaikh Zayd ibn Muhammad al-Madkhalee (hafithahullah)

Translator: Abu Fouzaan Qaasim
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Q: Does the husband incur sin if he divorces his wife for no reason?
A: The reason behind him divorcing her must be looked into. If he has a valid
excuse for why he divorced her, then there is no problem (in him doing so).
However, if he mistreated her and divorced her for no reason whatsoever, she doesn't
have any (outstanding) flaws in her manners or physical makeup or any offense
transpired on her behalf, then there is no doubt that he sins. This is because he
treated her wrongly and perhaps she has no family hence becoming a victim of
poverty and destitution. So it is upon the men to fear Allaah.
The marital life of the believing men and women is connected (i.e. between them in
this worldly life and the next). The wife of a slave in this world will be his wife in
Paradise in the highest degree of beauty and perfection, superior to the hoorul- 'eeyn
due to her prayers, fasting and belief in Allaah.
So it is upon the Muslim to be very diligent (upon holding onto his wife) if Allaah
facilitates for him a woman from amongst the people of Tawheed, prayer and fasting.

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And if certain things occur from her of crookedness or mistakes, then he corrects
them to the best of his ability. (And know!) that there isn't any person except that they
have faults and are prone to make mistakes. However sticking to and applying
patience is (from) the mannerisms of the Mu'mineen..... na'am.
Q: What about the statement of The Most High:




“But if you intend to replace a wife with another...” [4:20]?
A: Na'am, if he wants to, however, because of a reason. It isn't intended for the
man to change (i.e. divorce) his wife who he has taken care of and lived with for
sometime except because of a reason that forces him to divorce (her). (If this is the
case) then there is nothing wrong with letting her go.
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