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?
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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: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.
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, or
أيما امرأة سألت زوجها الطلاق من غير ما بأس، أحرام عليها رائحة الجنة، أو
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.
