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Legitimate Reasons for Divorce in Islam

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    Legitimate Reasons for Divorce in Islam

    As salaamualeikum wa rahmatullahi wa barakatu,

    Every so often I see someone post something against divorce and then someone else will come back saying that divorce is not haraam and depending on the circumstances it is fine to do. I recall ahadith about the punishments for divorce when it's done for the wrong reasons, but then I recall others where people divorced simply because they wanted to.

    Since this issue comes up in different ways on different threads, I thought I'd ask the group to give examples of when a man or a woman asking for divorce is allowed in Islam, when, if ever, it is forbidden and when, if ever, it is preferred. Sources always welcome

    Jzkhr.
    "Do not let your hatred of a people incite you to aggression." Qur'an 5:2

    #2
    Re: Legitimate Reasons for Divorce in Islam

    I think people get confused.

    Men have the right to Talaq, they can divorce their wives without needing a Shariah reason.

    Women can ask a judge for a divorce if a man fall short of his duties to her or she can just offer the man something to release her from the marriage.



    Talaq: This form of divorce is the sole right of the husband whereby he pronounces the word divorce, talaq or any other similar word (in any language) to establish a divorce. No one may deprive him of this right given that he has been awarded such a right by God. This right belongs only to the husband and moreover, he does not need the consent or approval of any one, including his wife. Therefore, a woman divorcing her husband is Islamically incorrect and is invalid as a female has no such recourse to such a right, although she may request the conclusion of the marriage through other means. Similarly, an Islamic judge cannot issue a divorce but he can (once being recognised as an Islamic judge) issue a faskh (marriage dissolution).
    Khul’: It is a divorce issued by the husband in exchange of money. It happens when the wife requests her husband to divorce her, but he refuses unless she returns her dowry. Again, it is the right of the husband and is conditional to his approval.
    Faskh; it is a marriage dissolution issued by a judge in response to a request by the wife and normally takes place against the will of the husband. However, the judge has to be appointed either by the leader of the Muslims, or by the Muslim community, or at least recognized as being an Islamic judge by the vast majority of the Muslim community. Merely being an imam neither suffices nor authorises him to dissolve marriages.
    Source
    Hadith, Fiqh and Tafsir Scholarship
    http://www.al-salam.co.uk/[B][COLOR="#006400"]

    Comment


      #3
      Re: Legitimate Reasons for Divorce in Islam

      :wswrwb:

      Sis, check the other thread you made on divorce, I think last month.
      Secure few moments, everyday, to reflect upon the innumerable blessings of Allah and thank Him for bestowing them upon you.

      "A person who is blessed with the ability to be grateful, shall never be deprived of barakah and increase in blessings."
      - Rasulullah (صلی اللہ علیہ وسلم)‎

      Comment


        #4
        Re: Legitimate Reasons for Divorce in Islam

        :wswrwb:

        A woman has the right to seek divorce, the only difference is some conditions have to be met, nonetheless thats still a right given to her by Allah

        Sis Juve, theres many reasons for divorce...addiction, falling short in his islamic obligatory Islamic duties, not supporting his family etc..

        I also remember in one of my classes that if you cannot get on with your husband or hes not to your "liking" then you can free yourself through khula as per this incident:

        Reported by Ibn ‘Abbaas, in which it says that the wife of Thaabit ibn Qays came to the Messenger of Allaah (peace and blessings of Allaah be upon him) and said, “O Messenger of Allaah, I do not blame Thaabit ibn Qays for any defect in his character or his religious commitment, but I would hate to commit an act of kufr when I am a Muslim.” The Messenger of Allaah (peace and blessings of Allaah be upon him) said, “Will you give him back his garden [which he had given as mahr]?” She said, “Yes.” The Messenger of Allaah (peace and blessings of Allaah be upon him) said (to Thaabit), “Accept the garden, and divorce her once.”
        Last edited by Sam_87; 14-12-11, 06:23 PM.
        Allahumma innaa na'udhu bika min an nushrika bika shai-an na'lamuh; wa nastaghfiruka limaa laa na'lam

        Comment


          #5
          Re: Legitimate Reasons for Divorce in Islam

          Originally posted by Sam_87 View Post
          :wswrwb:

          A woman has the right to seek divorce, the only difference is some conditions have to be met, nonetheless thats still a right given to her by Allah

          Sis Juve, theres many reasons for divorce...addiction, falling short in his islamic obligatory Islamic duties, not supporting his family etc..

          I also remember in one of my classes that if you cannot get on with your husband or hes not to your "liking" then you can free yourself through khula as per this incident:

          Reported by Ibn ‘Abbaas, in which it says that the wife of Thaabit ibn Qays came to the Messenger of Allaah (peace and blessings of Allaah be upon him) and said, “O Messenger of Allaah, I do not blame Thaabit ibn Qays for any defect in his character or his religious commitment, but I would hate to commit an act of kufr when I am a Muslim.” The Messenger of Allaah (peace and blessings of Allaah be upon him) said, “Will you give him back his garden [which he had given as mahr]?” She said, “Yes.” The Messenger of Allaah (peace and blessings of Allaah be upon him) said (to Thaabit), “Accept the garden, and divorce her once.”
          A woman has a right to seek divorce - not to divorce.
          There is a big difference.
          Look at the incident, it was Man that divorced the woman.
          Nowadays sisters seem to think they can divorce their husbands when they get bored of them.
          Besides, if you look at what the Ulema have said about this incident they go into the reasons why She (ra) asked for divorce.

          See post #2 which describes the 3 types of divorce.
          Hadith, Fiqh and Tafsir Scholarship
          http://www.al-salam.co.uk/[B][COLOR="#006400"]

          Comment


            #6
            Re: Legitimate Reasons for Divorce in Islam

            Originally posted by AbuIbraheem. View Post
            A woman has a right to seek divorce - not to divorce.
            There is a big difference.
            Look at the incident, it was Man that divorced the woman.
            Nowadays sisters seem to think they can divorce their husbands when they get bored of them.
            Besides, if you look at what the Ulema have said about this incident they go into the reasons why She (ra) asked for divorce.

            See post #2 which describes the 3 types of divorce.
            I've also heard this hadith interpreted as the woman might have had a very good reason to want to be away from her husband, but because of the manners of the sahabiyat of not complaining about their husband, she did not say anything against him nor did the the Prophet saaws ask for the details. This preserves the dignity of everyone involved. Allah alim.
            Blessed is He in Whose Hand is the Dominion, and He is Able to do all things. (67.1)

            Comment


              #7
              Re: Legitimate Reasons for Divorce in Islam

              I understand the difference, but the outcome is still divorce if Allah wills for it. And i'd hate to think a sister would seek divorce out of boredom
              Allahumma innaa na'udhu bika min an nushrika bika shai-an na'lamuh; wa nastaghfiruka limaa laa na'lam

              Comment


                #8
                Re: Legitimate Reasons for Divorce in Islam

                Originally posted by Sam_87 View Post
                I understand the difference, but the outcome is still divorce if Allah wills for it. And i'd hate to think a sister would seek divorce out of boredom
                Sisters ask for divorce for all sorts of reasons nowadays, some because they think the grass is greener elsewhere or because they are better off financially etc.

                These are the sisters that abuse the power given to them by the western states they live in to oppress their husbands and take most of their wealth.

                Gone are the days when women would try hard to save their marriages, the western world has tempted them with the material wealth of the dunya.

                Sadly I don't think it would be any different if the shoe was on the other foot and it was the men that were better off.
                Hadith, Fiqh and Tafsir Scholarship
                http://www.al-salam.co.uk/[B][COLOR="#006400"]

                Comment


                  #9
                  Re: Legitimate Reasons for Divorce in Islam

                  If the husband is not practising or stops practising islam.

                  He does not provide for her and his kids.

                  Beats his wife mercilessly daily for no real reason.

                  If he commits sins openly without any shame or fear of Allah.

                  Does not fufill the wife's intimate rights.

                  Thats all i can think of right now.
                  Muslimah Forever InshaAllah

                  Comment


                    #10
                    Re: Legitimate Reasons for Divorce in Islam

                    No sane person seeks divorce if they're happy or content with their marriage- there's always a reason.

                    Women are emotional beings, and I don't mean in that in the way most guys would like to think. I mean it in the sense that they seek much more from companionship than men do emotionally. And a guy can do everything right, fulfill every Islamic obligation there is but not 'connect' with their spouse.

                    Ultimately, what some may argue isn't a 'legitimate' reason in itself becomes one when the consequences result in unhappiness, bitterness or even depression. Surely the fact that her emotional/psychological well-being is being compromised, is a good enough a reason?

                    Having said that, women's more 'emotional' nature also results in them being the gender willing to sacrifice it all for the well-being of her household/children. Even if it means staying with an insensitive, cold-hearted or even abusive brute. They'll being willing to put up with a lot more than most men will ever will.
                    Last edited by mizfissy815; 14-12-11, 09:26 PM.
                    "The discovery of truth is prevented more effectively, not by the false appearance of things present and which mislead into error, not directly by weakness of the reasoning powers, but by preconceived notions, opinion, and by prejudice." - Arthur Schopenhauer

                    Comment


                      #11
                      Re: Legitimate Reasons for Divorce in Islam

                      An uncle asking his nephew to leave his wife to make the aunty happy...before everyone scoffs as the thought of it, this has actually happened.
                      Not sure whether this is islamically correct but did occur.

                      Comment


                        #12
                        Re: Legitimate Reasons for Divorce in Islam

                        Originally posted by AbuIbraheem. View Post

                        These are the sisters that abuse the power given to them by the western states they live in to oppress their husbands and take most of their wealth.

                        And the power that men have to simply say they want a divorce and leave? Taking all the wealth with them, leaving the woman stranded. (except for 3 months)

                        Is there not men who abuse that power?

                        Comment


                          #13
                          Re: Legitimate Reasons for Divorce in Islam

                          Originally posted by Juvegirl View Post
                          As salaamualeikum wa rahmatullahi wa barakatu,

                          Every so often I see someone post something against divorce and then someone else will come back saying that divorce is not haraam and depending on the circumstances it is fine to do. I recall ahadith about the punishments for divorce when it's done for the wrong reasons, but then I recall others where people divorced simply because they wanted to.

                          Since this issue comes up in different ways on different threads, I thought I'd ask the group to give examples of when a man or a woman asking for divorce is allowed in Islam, when, if ever, it is forbidden and when, if ever, it is preferred. Sources always welcome

                          Jzkhr.
                          Wa aleikum wa rahmatullahi wa barakatu, UKthi,

                          I'm Yet to see a Muslim state that Divorce is Haraam ...

                          this is known as a Red Herring in logical argumentation ...

                          what we have is arguments for and against Divorce, but No Prohibition.

                          :jkk:
                          http://www.ilovepalestine.com/campai...imesinGaza.gif

                          "It does not befit the lion to answer the dogs."

                          – Imam al-Shafi’i (Rahimahullah)

                          Comment


                            #14
                            Re: Legitimate Reasons for Divorce in Islam

                            Originally posted by Mich View Post
                            And the power that men have to simply say they want a divorce and leave? Taking all the wealth with them, leaving the woman stranded. (except for 3 months)

                            Is there not men who abuse that power?
                            Of course, and there are Women who abuse their position too ...

                            regards
                            http://www.ilovepalestine.com/campai...imesinGaza.gif

                            "It does not befit the lion to answer the dogs."

                            – Imam al-Shafi’i (Rahimahullah)

                            Comment


                              #15
                              Re: Legitimate Reasons for Divorce in Islam

                              Originally posted by Abda View Post
                              An uncle asking his nephew to leave his wife to make the aunty happy...before everyone scoffs as the thought of it, this has actually happened.
                              Not sure whether this is islamically correct but did occur.
                              I say that such a woman has been blessed to be free from a silly, coward of a husband
                              Allahumma innaa na'udhu bika min an nushrika bika shai-an na'lamuh; wa nastaghfiruka limaa laa na'lam

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