The ruling on a woman requesting divorce when cohabitation is impossible
Machine translationRead the Arabic original
Question:
The questioner, Sister Asma from Jeddah, says: Honorable Shaykh, in the program Nur 'ala al-Darb, my question is actually about my cohabitation with my husband. It has become impossible with him due to disagreements, and I have not borne any children from him. So I requested a divorce, and he divorced me. What is the ruling on a woman requesting a divorce if cohabitation becomes impossible?
Answer:
There is nothing wrong with it if the request for divorce is for a legitimate Shari'ah reason, because the desired cohabitation is not achieved between them, or she is unable to remain with him, or she does not love him or have affection for him. This is an excuse for her to request divorce[An-Nisa 4:130]. As for the woman who is not permitted to request divorce, she is the one who requests it without any valid reason. The hadith states: Musannaf Ibn Abi Shaybah 8:1348.
The questioner, Sister Asma from Jeddah, says: Honorable Shaykh, in the program Nur 'ala al-Darb, my question is actually about my cohabitation with my husband. It has become impossible with him due to disagreements, and I have not borne any children from him. So I requested a divorce, and he divorced me. What is the ruling on a woman requesting a divorce if cohabitation becomes impossible?
Answer:
There is nothing wrong with it if the request for divorce is for a legitimate Shari'ah reason, because the desired cohabitation is not achieved between them, or she is unable to remain with him, or she does not love him or have affection for him. This is an excuse for her to request divorce
But if they separate [by divorce], Allah will enrich each [of them] from His abundance. And ever is Allah Encompassing and Wise.
وَإِن يَتَفَرَّقَا يُغْنِ اللَّهُ كُلًّا مِّن سَعَتِهِ وَكَانَ اللَّهُ وَاسِعًا حَكِيمًاAny woman who asks her husband for a divorce without any valid reason is forbidden the scent of Paradise.
أيما امرأة سألت زوجها الطلاق من غير ما بأس حرام عليها رائحة الجنة
Source
نور على الدرب - الفوزان - 03/174 — archive.org (8:08)
The Arabic text is a machine transcription of the audio recording.
