Reasons why a wife can seek divorce
► Islam makes it a sin for a
wife to seek divorce from her husband ► However, it is permissible for a wife to seek divorce from her husband if it becomes impossible for them to live together for practical reasons.Islam has identified the wife’s seeking divorce from her husband as an act of sin. In a hadith, narrated by Sawban (RA), he said, Rasulullah (SAW) said, ‘For a woman who seeks divorce from her husband without facing any hardship, the fragrance of Paradise is haram.’ (Abu Dawud, Hadith: 2226; Tirmidhi, Hadith: 1187; Ibn Majah, Hadith: 2055)But if for any practical reason it is impossible for both of them to live together then it is permissible for the wife to seek divorce from the husband. Because Allah Ta’ala says, ‘Then if you fear that both parties will not be able to keep the laws of Allah, then there is no sin on either of them – if the wife wants to free herself in exchange for something. These are the laws of Allah, so do not transgress them, and those who transgress the laws of Allah are the wrongdoers.’ (Surah: Baqarah, verse: 229)
Two. The grounds on which it is permissible for a wife to seek divorce from her husband are—
1. If the husband has physical defects, due to which the normality of married life becomes very difficult. For example, becoming insane, sexually disabled, suffering from leprosy. The proof of this is that Allah Ta’ala says, ‘He will keep it well or send it away with kindness.’ (Surah: Baqarah, verse: 229)Needless to say, it is not possible to keep the wife well when the husband has these defects.
2. If the husband is unable to provide the essential needs and maintenance of the wife. Because, it is the basic right of the wife. Allah Ta’ala says, ‘A wealthy person will spend according to his wealth. And he whose sustenance is limited, he will spend from what Allah has given him.’ (Surah: Talaq, verse: 7)
3. If the wife suffers from loss of character or is unable to control herself due to her husband’s long journey. And its minimum period is six months. It is narrated in Hadith Sharif, ‘Umar (RA) asked his daughter Hafsa (RA) about this and fixed a maximum period of six months for the Mujahideen to stay outside. (Musannaf Abdur Razzaq, Hadith: 12594)
4. Harassing or oppressing husband and wife without reasons prescribed by Shariah. It can be physical as well as mental. For example – beating the wife, abusing, preventing the wife from meeting her parents, forcing the wife to do immoral or haram work. Because, Rasulullah (SAW) said, harm cannot be done, harm cannot be endured. (Ibn Majah, Hadith: 2341)
5. If the husband’s negligence is extreme. For example, not praying, drinking alcohol, indulging in immorality or immorality. Because, Rasulullah (SAW) said, ‘If you are satisfied with the character and integrity of the boy, marry him. If you don’t do that, then there will be great trouble in the world.’ (Tirmidhi, Hadith: 1084)
It is understood that there must be duality in the husband, just as there must be duality in the wife.
6. If there is no harmony due to differences of taste or any other reason, if there is discord in the family and if it is difficult to sustain the relationship. In this case it may also be that the husband or the wife or both of them are dualists; However, the chaos in the world continues. The proof of this is that it was narrated from Ibn Abbas (RA) that the wife of Sabet Ibn Qais (RA) came to the Messenger (PBUH) and said, O Messenger of Allah! I have no complaint against the dubiousness and character of Sabet Ibn Qays; But I do not like being a Muslim and committing Kufr (discord with husband). The Prophet (PBUH) said, Will you give him back the garden he gave you as a dowry? He said, yes. Then Rasul (pbuh) said to Sabet (pbuh), take back the garden and give him a divorce. (Bukhari, Hadith: 5273)
