Divorce without a cause
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The fourth question of Fatwa number ( 18416 )
Q4: I would like to direct the following question to your Eminence: I have my parents, and they forced me to marry a wife I do not wish to marry, but circumstances compelled me to please my parents. As for the woman, she is willing to marry me, and I have intended to divorce her from the day I married her until now, but if my parents are pleased with me, should I divorce her or not? However, I am afraid of the saying of Allah the Exalted:[At-Talaq 65:1]
A4: We advise you to keep your wife and not divorce her, while fulfilling what Allah the Exalted has made obligatory for you toward her. It is not hidden that among the objectives of the pure Shari'ah is the preservation of the family and the unity of
the household, and avoiding what corrupts that, including divorce. So do not resort to it unless you see that the Shari'ah interest lies in it, such as hating the wife and being unable to bear living with her, and fearing that you will not fulfill what Allah the Exalted has made obligatory for her. In that case, there is no blame in divorcing her; rather, it is prescribed if you fear not fulfilling what Allah the Exalted has made obligatory toward the wife, unless she agrees to waive her right. But if you are patient with your wife while fulfilling what Allah has made obligatory for you, in order to please your parents and preserve the family from disintegration, that is better, and you will have a reward for it, if Allah wills. And if you refuse anything but divorce because of your hatred for her, there is no blame on you, and Allah will replace each of you with something better than the other. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q4: I would like to direct the following question to your Eminence: I have my parents, and they forced me to marry a wife I do not wish to marry, but circumstances compelled me to please my parents. As for the woman, she is willing to marry me, and I have intended to divorce her from the day I married her until now, but if my parents are pleased with me, should I divorce her or not? However, I am afraid of the saying of Allah the Exalted:
Do not turn them out of their [husbands'] houses, nor should they [themselves] leave [during that period] unless they are committing a clear immorality
لاَ تُخْرِجُوهُنَّ مِنْ بُيُوتِهِنَّ وَلاَ يَخْرُجْنَ إِلا أَنْ يَأْتِينَ بِفَاحِشَةٍ مُبَيِّنَةٍA4: We advise you to keep your wife and not divorce her, while fulfilling what Allah the Exalted has made obligatory for you toward her. It is not hidden that among the objectives of the pure Shari'ah is the preservation of the family and the unity of
the household, and avoiding what corrupts that, including divorce. So do not resort to it unless you see that the Shari'ah interest lies in it, such as hating the wife and being unable to bear living with her, and fearing that you will not fulfill what Allah the Exalted has made obligatory for her. In that case, there is no blame in divorcing her; rather, it is prescribed if you fear not fulfilling what Allah the Exalted has made obligatory toward the wife, unless she agrees to waive her right. But if you are patient with your wife while fulfilling what Allah has made obligatory for you, in order to please your parents and preserve the family from disintegration, that is better, and you will have a reward for it, if Allah wills. And if you refuse anything but divorce because of your hatred for her, there is no blame on you, and Allah will replace each of you with something better than the other. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.
