What are the legal causes that necessitate divorce? And does a man obey his mother in divorcing his wife?
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The student: My masterThe Shaykh : Regarding divorce.
The Shaykh: Yes.
The student : What are the legal causes that necessitate divorce?
The Shaykh : The legal causes that necessitate divorce are, first of all, the man's intention to divorce. As Allah the Exalted said:[Al-Baqarah 2:227]. If he intends the divorce, pronounces it, and has some people witness it, the divorce is executed. However, there is the Sunnah divorce and the innovated divorce. The Sunnah divorce is obligatory, and the innovated divorce is forbidden. Part of the Sunnah divorce, which is the opposite of the innovated divorce, is to divorce her while she is in a state of purity, not menstruating, and in a state of purity in which he has not had intercourse with her. If he divorces her while she is menstruating, he is sinful. If he divorces her while she is in a state of purity but he has had intercourse with her in that state, he is sinful. He should observe the Sunnah divorce so that he does not become sinful in the sight of Allah.
The student : The story, in brief.
The Shaykh : My dear, I don't have time for a word, and I covered it up.
The student : A simple word, sir. A small disagreement occurred between my family and the bride's family. I have written my marriage contract, but we have not consummated the marriage. My mother is insisting that I divorce her, even though there is no legal cause that permits divorce. This is a disagreement over simple and trivial matters: the dowry and the wedding party, and there was no wedding party. What is the ruling of the Shari'ah in this case? Do I obey my mother and divorce, or do I not divorce? And what do I say to my mother, and do I not divorce?
The Shaykh : Is your mother observant?
The student : She prays, but she is not fully observant.
The student : And are you attached to the girl?
The student : Praise be to Allah.
The Shaykh : Do not divorce her.
The student : Do not divorce her?
The Shaykh: No.
The student : My mother says to me, "It is either me or her."
The Shaykh : You do not know the case. We give you the legal ruling. As for how you can live, "it is either her or you," that is for you to decide. You have the right to keep her, and you have the right not to obey your mother in divorcing her. As for whether you will be separated from your mother in order to preserve the marriage with your wife, or not, what can I tell you? Can you do it or not? This is a matter up to you. But from the legal standpoint, you have the right not to obey her in divorcing your wife.
The student : May Allah reward you with good, and peace be upon you.
The Shaykh : Welcome, and peace be upon you.
The Shaykh: Yes.
The student : What are the legal causes that necessitate divorce?
The Shaykh : The legal causes that necessitate divorce are, first of all, the man's intention to divorce. As Allah the Exalted said:
And if they decide on divorce - then indeed, Allah is Hearing and Knowing.
وَإِنْ عَزَمُوا الطَّلَاقَ فَإِنَّ اللَّهَ سَمِيعٌ عَلِيمٌThe student : The story, in brief.
The Shaykh : My dear, I don't have time for a word, and I covered it up.
The student : A simple word, sir. A small disagreement occurred between my family and the bride's family. I have written my marriage contract, but we have not consummated the marriage. My mother is insisting that I divorce her, even though there is no legal cause that permits divorce. This is a disagreement over simple and trivial matters: the dowry and the wedding party, and there was no wedding party. What is the ruling of the Shari'ah in this case? Do I obey my mother and divorce, or do I not divorce? And what do I say to my mother, and do I not divorce?
The Shaykh : Is your mother observant?
The student : She prays, but she is not fully observant.
The student : And are you attached to the girl?
The student : Praise be to Allah.
The Shaykh : Do not divorce her.
The student : Do not divorce her?
The Shaykh: No.
The student : My mother says to me, "It is either me or her."
The Shaykh : You do not know the case. We give you the legal ruling. As for how you can live, "it is either her or you," that is for you to decide. You have the right to keep her, and you have the right not to obey your mother in divorcing her. As for whether you will be separated from your mother in order to preserve the marriage with your wife, or not, what can I tell you? Can you do it or not? This is a matter up to you. But from the legal standpoint, you have the right not to obey her in divorcing your wife.
The student : May Allah reward you with good, and peace be upon you.
The Shaykh : Welcome, and peace be upon you.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.