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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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My husband beats me, gets drunk, and smokes. I fear for myself and my children. Is it permissible for me to ask for a divorce from him?

Machine translationRead the Arabic original
Question:
The questioner says: My husband beats me, gets drunk, smokes, and stays out late at night with bad companions. Sometimes he stays out with them at home. When they are in my house, I lock myself and my children in the room out of fear of them. What should I do? Is it permissible for me to ask for a divorce from him? I cannot bear to live with him. I recall the warning for a wife who asks for a divorce from her husband. Please advise us, may Allah reward you with good.

Answer:
Yes, a wife whose husband drinks intoxicants, stays out all night with the wicked, and from whom she fears harm, may ask for a divorce and separation from him. This is because remaining with him is harmful to her, and she fears evil from him. So she may ask for a divorce, and Allah will provide her with someone better than him, if Allah wills. She does not fall under the hadith:
Any woman who asks her husband for a divorce without a valid reason, the fragrance of Paradise is forbidden to her, orأيما امرأة سألت زوجها الطلاق من غير ما بأس، أحرام عليها رائحة الجنة، أو
Musannaf Ibn Abi Shaybah 8:1348
as it was reported? Yes. Because this woman asked for a divorce for a reason and a justification. The warning applies to a woman who asks for a divorce from her husband without a reason, and without a cause for asking for a divorce.
Source قناة «العلامة الدكتور صالح الفوزان»، زوجي يضربني ويسكر ويشرب الدخان، وأخاف منه على نفسي وأولادي، فهل يجوز لي أن أطلب الطلاق منه؟ الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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