Thu 17 Jm2 1435 - 17 April 2014
488

Ruling on a Woman Asking for a Divorce from Her Husband

If a couple differs in their Islamic perceptions. One who grow up in the West and the other in the East. And they quarrel constantly and can't come to an agreement. At what point is talaq considered? Is it wrong for a sister to ask for talaq? Will she be punished on the Day of Judgment? Does the Arsh of Ar-Rahman shake once talaq is asked for? This is what one sister, growing up the West is being told by her husband from the East.
Jazak Allah khayr for your response.

All Praises are Due to Allah

The divorce of a Muslimah from her husband is an affair which is loathsome to Allah and not a praise worthy event. This is due to the problems and possible evils. However, if there is a situation in the marriage life taking place between the man and the women, due to a defect or defects in one or both of them, such problems of deen, bad character, sickness, or a defect such as being sterile or similar. Then out of the mercy of Allah, seeking divorce is permissible. In this case, it is okay and there is nothing prohibited in seeking a divorce.

The thing which is prohibited is a wife seeking a divorce from her husband for no reason of the shariah. There is serious promise made for seeking a divorce without a valid reason. It is reported in the hadith of the Prophet (peace and blessings of Allah be upon him), "If a women asks her husband for a divorce, for no reason, then the smell of paradise is forbidden for her". (At-Tirmidhi narrated it. He said this is a hasan hadith. Sunnah At-Tirmidhi #1187.)

The hadith "marry and do not divorce for verily divorce causes the arsha (throne of Allah) to shake" is also forged and da'eef. (Al Jami As- Sagheer #2429)

Allah knows best.

Islam Q&A
Sheikh Muhammed Salih Al-Munajjid
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