She wants to request a divorce because of her husband’s injustice toward her and the harm he causes her
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The questioner:
May Allah reward you. In her second question, she says: In a hadith about himMishkat al-Masabih 3279 she asks: If a woman requests a divorce because of her husband’s injustice toward her, such as his suspicion and doubt regarding her and her character, or his making accusations about her honor and her feelings, and her constant feeling of being watched and spied on by him? Is this not a legitimate excuse in the Shari'ah? And what should a wife do to restore her husband’s trust in her? And if he is extremely jealous of her, how should she deal with him, knowing that she is forced to oppose him during moments of anger, and her chest tightens with his irritability, so she defies him in some matters specific to marriage, but then she returns and regrets it? She says: What should I do, for the sake of Allah? And when is it permissible for a wife to request separation without any harm? May Allah reward you with good.
The Shaykh:
First, she must have good conduct with her husband and be patient with the hurtful words or inappropriate behavior she receives from him. She should be patient and seek reward from Allah, for she will receive reward for that. She should treat him well and respond to evil with good. This is what she should do. If she does not do this, and he harms her and makes things difficult for her, she has the right to request a divorce to be relieved of his evil, and Allah will provide her with someone better than him. This is one of the reasons that permit her to request a divorce to remove the harm from her. The hadith is fromMusannaf Ibn Abi Shaybah 8:1348 with this condition. However, if there is a reason and justification for requesting a divorce, there is no blame on her for that. Yes.
The questioner:
Like what, O Shaykh? Some husbands may cite this to their wives, saying that it is not permissible for them to request a divorce. Could you please clarify this?
The Shaykh:
Generally. Yes, may Allah reward you. She may request a divorce without any harm. The hadith is restricted to this: without any harm. If things are going well, and he is upright, and he has good conduct, and there is no reason from his side, then it is not permissible for her to request a divorce. But if there is a reason that necessitates her requesting a divorce to remove the harm from her caused by his actions and words, there is no blame on her. The Messenger of Allah (peace and blessings be upon him) said:Sunan Ibn Majah 2340Da'if (Darussalam) Yes.
The questioner:
And if she finds, for example, an aversion to him or a repulsion in her heart, is this reason sufficient?
The Shaykh:
She must be patient. Perhaps the situation will change and this aversion will disappear. Perhaps the situation will change and this aversion will disappear. It may be based on a reason, and then that reason disappears, or hearts and circumstances change.
The questioner:
This has a limit.
The Shaykh:
[At-Talaq 65:1] So she should not be hasty. Yes.
The questioner:
If she sees that this is not worth it
The Shaykh:
She is permitted to request a divorce or khul' (divorce at the wife's request for compensation), unless she sees that she is unable to uphold the limits, the limits of what Allah the Exalted has prescribed[Al-Baqarah 2:229] in her marriage. Yes.
The questioner:
Meaning, if she is patient and sees that she cannot make it work with him, she has the right to strike the final blow.
The Shaykh:
Either without compensation or with the least amount of compensation. Yes.
May Allah reward you. In her second question, she says: In a hadith about him
God's Messenger as saying, “If any woman asks her husband for divorce without some strong reason the odour of paradise will be forbidden to her.”
صلى الله عليه وسلم قال أيما امرأة سألت زوجها الطلاق من غير ما بأس فحرام عليها رائحة الجنة.The Shaykh:
First, she must have good conduct with her husband and be patient with the hurtful words or inappropriate behavior she receives from him. She should be patient and seek reward from Allah, for she will receive reward for that. She should treat him well and respond to evil with good. This is what she should do. If she does not do this, and he harms her and makes things difficult for her, she has the right to request a divorce to be relieved of his evil, and Allah will provide her with someone better than him. This is one of the reasons that permit her to request a divorce to remove the harm from her. The hadith is from
Asks her husband for a divorce without any harm
سألت زوجها الطلاق من غير ما بأسThe questioner:
Like what, O Shaykh? Some husbands may cite this to their wives, saying that it is not permissible for them to request a divorce. Could you please clarify this?
The Shaykh:
Generally. Yes, may Allah reward you. She may request a divorce without any harm. The hadith is restricted to this: without any harm. If things are going well, and he is upright, and he has good conduct, and there is no reason from his side, then it is not permissible for her to request a divorce. But if there is a reason that necessitates her requesting a divorce to remove the harm from her caused by his actions and words, there is no blame on her. The Messenger of Allah (peace and blessings be upon him) said:
It was narrated from 'Ubadah bin Samit that the Messenger of Allah (ﷺ) ruled: “There should be neither harming nor reciprocating harm.”
لا ضرر ولا ضرار.The questioner:
And if she finds, for example, an aversion to him or a repulsion in her heart, is this reason sufficient?
The Shaykh:
She must be patient. Perhaps the situation will change and this aversion will disappear. Perhaps the situation will change and this aversion will disappear. It may be based on a reason, and then that reason disappears, or hearts and circumstances change.
The questioner:
This has a limit.
The Shaykh:
You know not; perhaps Allah will bring about after that a [different] matter.
تَدْرِي لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَٰلِكَ أَمْرًاThe questioner:
If she sees that this is not worth it
The Shaykh:
She is permitted to request a divorce or khul' (divorce at the wife's request for compensation), unless she sees that she is unable to uphold the limits, the limits of what Allah the Exalted has prescribed
And it is not lawful for you to take anything of what you have given them unless both fear that they will not be able to keep [within] the limits of Allah. But if you fear that they will not keep [within] the limits of Allah, then there is no blame upon either of them
وَلَا يَحِلُّ لَكُمْ أَن تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلَّا أَن يَخَافَا أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَلَا جُنَاحَ عَلَيْهِمَاThe questioner:
Meaning, if she is patient and sees that she cannot make it work with him, she has the right to strike the final blow.
The Shaykh:
Either without compensation or with the least amount of compensation. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 5109- تريد طلب الطلاق بسبب ظلم زوجها لها وضرره عليها - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.