The Ruling on Divorce for the Sake of Change
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Is divorce permissible absolutely, without any reasons being mentioned, but only out of a desire for change, even if this results in great harm to the woman?
The original ruling regarding divorce is that it is disliked,And if it were said: The original ruling is that it is forbidden, and it is not far-fetched to say so. This is indicated by the statement of Allah, Blessed and Exalted is He, regarding those who take oaths to abstain from their wives, where He said: [al-Baqarah: 226-227] And He concluded the verse with these two names: [al-Baqarah: 227] And His statement: [al-Baqarah: 227] suggests that Allah, Exalted and Majestic, does not like this; because the return (fi'ah) — which is returning to the woman after swearing not to have intercourse with her —He said in it: [al-Baqarah: 226] This is clear in that Allah the Exalted loves for this one who took the oath to return, but if he resolves to divorce, it suggests that Allah the Exalted dislikes that, due to His statement: [al-Baqarah: 227] .
It is narrated from the Prophet (peace and blessings be upon him) that he said: (The most hated of lawful things to Allah is divorce) This hadith is not authentic, but its meaning is correct: that Allah the Exalted dislikes divorce, but He has not forbidden it to His servants to grant them ease. If there is a legal or customary reason for divorce, then it becomes permissible. And according to what keeping the woman leads to: if keeping the woman leads to a legal prohibition that cannot be removed except by divorcing her, then he should divorce her, such as if the woman is deficient in religion or deficient in chastity and he is unable to reform her,So here we say: it is better to divorce her. But without a legal or customary reason, it is better not to divorce, rather, divorce in that case is disliked.
The original ruling regarding divorce is that it is disliked,And if it were said: The original ruling is that it is forbidden, and it is not far-fetched to say so. This is indicated by the statement of Allah, Blessed and Exalted is He, regarding those who take oaths to abstain from their wives, where He said:
but if they return [to normal relations] - then indeed, Allah is Forgiving and Merciful. (227) And if they decide on divorce - then indeed, Allah is Hearing and Knowing.
فَإِنْ فَاءُوا فَإِنَّ اللَّهَ غَفُورٌ رَحِيمٌ * وَإِنْ عَزَمُوا الطَّلاقَ فَإِنَّ اللَّهَ سَمِيعٌ عَلِيمٌHearing, Knowing.
سَمِيعٌ عَلِيمٌAnd if they decide on divorce
وَإِنْ عَزَمُوا الطَّلاقَthen indeed, Allah is Forgiving and Merciful.
فَإِنَّ اللَّهَ غَفُورٌ رَحِيمٌthen indeed, Allah is Hearing and Knowing.
فَإِنَّ اللَّهَ سَمِيعٌ عَلِيمٌIt is narrated from the Prophet (peace and blessings be upon him) that he said: (The most hated of lawful things to Allah is divorce) This hadith is not authentic, but its meaning is correct: that Allah the Exalted dislikes divorce, but He has not forbidden it to His servants to grant them ease. If there is a legal or customary reason for divorce, then it becomes permissible. And according to what keeping the woman leads to: if keeping the woman leads to a legal prohibition that cannot be removed except by divorcing her, then he should divorce her, such as if the woman is deficient in religion or deficient in chastity and he is unable to reform her,So here we say: it is better to divorce her. But without a legal or customary reason, it is better not to divorce, rather, divorce in that case is disliked.