Ruling on demanding divorce if the husband is an alcoholic
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Question:
Is a wife entitled to demand a divorce from her husband if he is an alcoholic? I read a fatwa in one of the magazines that permits this if the husband does not harm his wife, fulfills all her rights, and does not hurt her. Please inform us, may Allah reward you with good?
Answer:
Is there anything more harmful than intoxication? An intoxicated person is insane; he may kill her at times—may Allah protect us from that. She has the right to demand a divorce if her husband is an alcoholic, or if he is lax in prayer, or if he commits other crimes, such as sodomy, or if he has anal intercourse with her. She has the right to demand a divorce because he—her husband—is a criminal, so she may demand a divorce.
In the hadith, it is mentionedMusannaf Ibn Abi Shaybah 8:1348 without any cause, meaning Musannaf Ibn Abi Shaybah 8:1348. But this case has a cause. If he does not pray, he is a disbeliever—may Allah protect us from that. She should not stay with him, and it is not permissible for her to remain with him: [Al-Mumtahanah:10].
And if he is an alcoholic, or engages in anal intercourse, or commits similar sins, she may demand a divorce. She must refrain from him; it is not permissible for her to allow him to have anal intercourse with her. He has no right to intercourse except in the front; as for the back, that is not allowed; that is sodomy.
Is a wife entitled to demand a divorce from her husband if he is an alcoholic? I read a fatwa in one of the magazines that permits this if the husband does not harm his wife, fulfills all her rights, and does not hurt her. Please inform us, may Allah reward you with good?
Answer:
Is there anything more harmful than intoxication? An intoxicated person is insane; he may kill her at times—may Allah protect us from that. She has the right to demand a divorce if her husband is an alcoholic, or if he is lax in prayer, or if he commits other crimes, such as sodomy, or if he has anal intercourse with her. She has the right to demand a divorce because he—her husband—is a criminal, so she may demand a divorce.
In the hadith, it is mentioned
A woman who demands a divorce without any cause
يما امرأة طلبت الطلاق من غير ما بأسShe has not smelled the fragrance of Paradise
لم ترح رائحة الجنةthey are not lawful [wives] for them, nor are they lawful [husbands] for them
لَا هُنَّ حِلٌّ لَهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّAnd if he is an alcoholic, or engages in anal intercourse, or commits similar sins, she may demand a divorce. She must refrain from him; it is not permissible for her to allow him to have anal intercourse with her. He has no right to intercourse except in the front; as for the back, that is not allowed; that is sodomy.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.