What is the ruling on a man divorcing his Salafi wife because of her bad character, but he has a child from her?
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The Shaykh: Regarding his desire to divorce her because of the character traits he mentioned, and so that he does not become one of the regretful.
The student : ... .
The Shaykh: That is not my question; I know... For example, there are people who are not affected by the saying: "He who does not look at the consequences, time will not be his companion." I am thinking about the future if he divorces her because she is of bad character. He is referring here to a hadith, and the hadith is authentic. So if she is, at the time, one who testifies that she is a Salafi, but it is also testified that she is of bad character, then it is prescribed for him to divorce her.
The questioner: I ask regarding the hadith about bad character, what does it mean?
The Shaykh : What do you mean? What does bad character mean? Does it mean, may Allah forbid, that she is a fornicator, or as it came in the hadith: "Do not reject the hand of the toucher"? Bad character means she orders him and he does not obey.
The questioner: Is that all?
The Shaykh : Yes, she is arrogant toward him, as mentioned here, or as stated here, by raising her voice at him, and so on. This is, of course, disliked in marital life, even if she is righteous, even if she stands in prayer at night and fasts during the day, because this standing and fasting are for her benefit, but the husband wants mental peace... and the like. The important thing is: my answer is that if he sees that if he divorces her he will be patient regarding her, and that he hopes to find someone better than her in religion and character, because as it came in the hadith addressed to the woman's guardian:Sunan Ibn Majah 1967Da'if (Darussalam), so likewise we say: O husband, if you are not pleased with your wife's character and you want to divorce her and you hope to find someone better than her in her religion and character, then this... Therefore, I want this person to know that the fatwa in my view is in two parts: the answer is that it is permissible, but think about the consequences. The consequence is that you feel she is Salafi, which means something good and rare in the present age, which is counterbalanced by her bad character, as he says. Then he has a child, and as I mentioned, the second point here is that he will fall into the problem of maintenance and raising the child and the other child, and so on. So if he thinks and ponders this matter and is reassured that divorcing her will give him relief, it is permissible by the Shari'ah. Is this clear? Good.
The student : ... .
The Shaykh: That is not my question; I know... For example, there are people who are not affected by the saying: "He who does not look at the consequences, time will not be his companion." I am thinking about the future if he divorces her because she is of bad character. He is referring here to a hadith, and the hadith is authentic. So if she is, at the time, one who testifies that she is a Salafi, but it is also testified that she is of bad character, then it is prescribed for him to divorce her.
The questioner: I ask regarding the hadith about bad character, what does it mean?
The Shaykh : What do you mean? What does bad character mean? Does it mean, may Allah forbid, that she is a fornicator, or as it came in the hadith: "Do not reject the hand of the toucher"? Bad character means she orders him and he does not obey.
The questioner: Is that all?
The Shaykh : Yes, she is arrogant toward him, as mentioned here, or as stated here, by raising her voice at him, and so on. This is, of course, disliked in marital life, even if she is righteous, even if she stands in prayer at night and fasts during the day, because this standing and fasting are for her benefit, but the husband wants mental peace... and the like. The important thing is: my answer is that if he sees that if he divorces her he will be patient regarding her, and that he hopes to find someone better than her in religion and character, because as it came in the hadith addressed to the woman's guardian:
If there comes to you one with whose character and religious commitment you are pleased
إذا أتاكم مَن ترضون دينَه وخلقَه
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
