Wife Divorcing Her Husband
Fatwa No: 81487

  • Fatwa Date:4-9-1999 - Jumaadaa Al-Oula 24, 1420
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Question

Can a women divorce from her husband? if yes, in what circumstances?

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.

The divorce of a Muslim woman from her husband is an affair which is loathsome to Allah. This is due to the problems and possible evils. However, if there is a situation in the marital life taking place between the husband and the wife due to a defect or defects in one or both of them, such as problems of religion, bad character, sickness, or a defect such as being sterile and the like, then seeking divorce is permissible. In this case, it is acceptable and there is nothing prohibited in seeking a divorce. What is prohibited is for a wife to seek divorce from her husband for no reason in the Sharee’ah. There is a serious threat for a woman to seek divorce without a valid reason.

The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: “If a woman asks her husband for divorce for no valid reason, the smell of paradise is forbidden for her.” [At-Tirmithi, who classified it as a Hasan Hadeeth]

If the inquirer's purpose is to know whether a woman can divorce her husband or not, we inform her that divorce is one of the husband's rights only. But, when a man authorizes his wife to divorce herself whenever she wishes, then she has the right to do so at anytime.

Allah knows best.

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