Parents Ordering Son to Divorce His Wife: Shaafi’i View
Fatwa No: 448249

Question

If a man’s parents compel him to divorce his wife, should he obey them?What is the view of Madhab As Shafi’ee

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

If both parents, or one of them, orders the son to divorce his wife; and they have a legitimate justification, then it is desirable for him to divorce his wife in this case according to the view of the Shaafi’i School of jurisprudence. However, if the order to divorce the wife is without a legitimate justification, then it is not desirable for him to divorce her.

I’anatu at-Talibeen ‘ala hil Alfadh Fath al-Mu’een, when talking about the types of divorce, reads: “Desirable: If he is unable to fulfill her rights even if he is not inclined to her, ......, or when one of his parents orders him to do so; i.e., without stubbornness.

The commentator on the book said: “Or he commands him; i.e., to divorce his wife, without stubbornness; means that it should be for a valid purpose. If it is due to stubbornness, like if he has no legitimate justification – as is the case with foolish parents – then divorce is not recommended if one of his parents orders him to do so.” [End of quote – Abridged]

Allah Knows best.

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