Asking for divorce because the husband does not pray

Question 18: I would like to tell Your Eminence that I have been married for twenty-one years. I have six sons and daughters. I am always in dispute with my husband, mainly because he does not regularly perform the five daily prayers; and he misses some Prayers. Sometimes, he performs Prayer in the Masjid (mosque) and other times he does not perform it either in the Masjid or at home, particularly, the Fajr (Dawn) Prayer, which he rarely performs. However, he always observes the Jumu`ah (Friday) Prayer. In addition, he smokes; I advised him many times and reminded him of the punishment of neglecting Prayer, but, he did not respond. I ask your Eminence whether I should stay with him or ask for divorce? How could we urge our children to observe Prayer, as they were affected by him and hardly perform Prayer? Who is to blame for that: me or their father; as I am a woman and they do not accept my advice except with great trouble? Kindly advise me, especially that this situation has affected my psychological state and I suffer now from some psychological problems.

Answer: If your husband persists in his non-observance of Prayer, you have to ask for divorce, for he who abandons prayer deliberately commits an act of Kufr (disbelief). The Prophet (peace be upon him) says… read more here.

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Ruling on a drunkard husband

Question 17: What is the Sharee`ah ruling concerning a religious woman who follows the teachings of Islaam but her husband is a sinner and drinks alcohol? Can she be divorced from him?

Answer: If he drinks continuously, she is permitted to ask for divorce, in order for her and her children not to be harmed… read more here.

Wife avoiding her husband after being accused of committing Zinaa

Question 16: A woman disdains and detests her husband because of rumors that he has committed Zinaa (adultery) with his niece. She no longer wants to continue her life with him. She exerted a lot of effort to get a Talaq (divorce pronounced by a husband). When she failed, she tried to get Khul` (divorce at the request of the wife in return for compensation to the husband) but her husband did not respond to her request of Talaq or Khul`. Eventually, the wife sued her husband before the Local Sharee`ah Committee,which is composed of several pious scholars from the same town, and is known as the Sharee`ah Court. The wife requested the committee to nullify her marriage contract. The Sharee`ah Committee has exerted great efforts to get a Talaaq or Khul`, but its efforts have failed. It is worth mentioning thatIndia is not a Muslim country and does not have religious judges. This poor woman is helpless and her dignity, honor, and chastity are in danger. Moreover, she could commit suicide or become a Murtad (apostate). Furthermore, in these circumstances the woman suffers from a lack of Nafaqah (obligatory financial support), clothing, and daily needs. The Sharee`ah Committee refers the case to Your Eminence to consider it and explain the ruling, keeping in mind that the Fisq (flagrant violation of Islaamic law) of the husband has led the wife to disdain and detest him and to ask for the marriage to be nullified. 

The question is: Is it permissible in this case to nullify the marriage judicially? If the answer is yes, the Sharee`ah Committee will apply it to this and will consult you as regards other similar judicial cases in the future in-shaa’ Allaah (if Allaah wills). Kindly, substantiate your answer with proofs from the Qur’aan and the Sunnah (whatever is reported from the Prophet).

Answer: It is obligatory to separate this wife and her husband as long as the reality is as the Committee mentioned in its statement. She has an excuse not to continue her life with her husband because of the horrible crime he committed. She has to give him back the Mahr (mandatory gift to a bride from her groom) in return for getting Talaaq… read more here.

Asking for divorce due to the husband’s sterility

Question 15: Is it permissible for a woman to ask for divorce because her husband is sterile?

Answer: It is permissible for her to ask for divorce because of this reason since procreation is one of the objectives of marriage… read more here.

Non-effective conditional divorce

Question 14: A woman quarreled with her husband because she wanted him to take her to her village for a relative’s wedding, but he had a lot of work to do and he could not go with her at the appointed time. They agreed that later he would take her if it was possible. Afterwards, she asked him to divorce her if he did not take her unless an unforeseen reason prevented him. Later, she gave up the idea of going to the village. What should the husband do? Are there any consequences for the woman’s request?

Answer: There are no consequences for her request because he did not divorce her. However, she has no right to ask for divorce for such a reason… read more here.

A wife asking for divorce for no valid reason

Question 13: What is the ruling on a wife asking her husband to divorce her for no reason? She is a second wife, and she lives in an separate apartment where no one annoys her. She is now pregnant in her fifth month. Is it permissible to divorce her? Since it is she who asked for divorce, would she be entitled to her monetary rights?

Answer: It is permissible to divorce a pregnant woman. As for a woman asking for divorce without a reason, it is forbidden. In the Hadith reported on the authority of Thawbaan (may Allaah be pleased with him), the Prophet (peace be upon him) said: If any woman asks her husband for divorce without a strong reason, the odor of Paradise will be forbidden to her. (Recorded by Aboo Daawood and Al-Tirmidee) As for alimony, it should be based on the court’s decision, in case you don’t reach mutual consent… read more here.

Informing the father about the husband’s immorality

Question 12: I have a sister who wears Niqaab (face veil), offers Salaah (Prayer), observes Sawm (Fast), and fears Allah (although none can verify this but Allaah). She is married and has three sons and two daughters. She has been married for fifteen years to a husband who does not offer Salaah except in Ramadaan or on some other occasions. He also delays taking a Ghusl (ritual bath following major ritual impurity) for two or three days. Moreover, he does not offer the Jum`ah (Friday) Prayer or takes a Ghusl for it. He does not even pay Zakaah (obligatory charity) due on his wealth and he deals with Ribaa (usury/interest)-based banks. Furthermore, he accompanies friends who are well known for their unsavory characters. He travels to Arab and European countries, known for dissoluteness and libertinism, for the purpose of having fun and entertainment. Sometimes, my sister, his wife, hears him while he is talking to his bad friends about his adventures while traveling in indecent words that cannot be quoted. He loves free mixing with the female sex and is a womanizer. Recently, he has come to be a friend of a religious scholar who has started to advise him, made Jannah (Paradise) desirous to him, and warned him severely against Allaah’s punishment. Thus, he has started to offer Salaah and take a Ghusl, but he still refuses to pay Zakaah and deals with Riba-based banks. Moreover, if he mixes with women in a party or wedding he gets lost and indulges in talking and kidding around with the women.

Your Eminence Shaykh, my sister spares no effort to advise her husband, but she does not tell her father about the husband’s true character, so that the father would not seek to divorce her. The husband, on the other hand, cares neither about his wife nor about his children.

1- Is my sister sinful for not telling her father about her husband’s conduct and the reality about him?

2- Is my sister sinful for being provided for – along with her children – through money that is acquired from Ribaa-based banks?

3- What should the wife do if her husband abandons Salah again and deviates from the right path? Is it permissible for her to go on in her life with him as such to provide the children with a valid family environment?
Please answer us, may Allaah bless you. May Allaah reward you well for serving Islaam and Muslims.

Answer: If the reality is as you mentioned, it will be obligatory for your sister to tell her father about her husband’s conduct so that he might try to make him divorce her. Actually, it is obligatory that he divorces her… read more here.

Woman going out of her husband’s house without him trying to bring her back

Question 11: I am a 60-year-old woman, who has 9 children. Five years ago, my husband and I had some problems that ended in me leaving home. One of my children rented for me a separate house to live in. Now, I live in the house along with my children. My husband got married to another woman who gave birth to children for him. Neither did I ask him to divorce me nor did he try to take me back home. Am I sinful for living away from my husband’s house without being divorced? Am I sinful if I go to perform `Umrah (lesser pilgrimage) without seeking his permission? What is the ruling?

Answer: If you are the one at fault, you will be a sinful and disobedient wife. In this case, you will have to repent and try to satisfy your husband. If he is the one at fault, you will not be sinful… read more here.

Husband neglecting his wife’s rights

Question 10: I am a Muslim woman from Pakistan. I am twenty-seven years old, and I have a Bachelor of Medicine and Surgery. I married two years ago, and I do not have any children. I have been living with my motherin Saudi Arabia since 1394 A.H., except for the years of my university study that I spent outside Saudi Arabia. My mother is divorced and lives with her father. I met my husband while studying in college. He is a graduate of the same Faculty of Medicine where I graduated in Pakistan. We got married when he was in the intern year, which fresh graduate doctors should pass by working in a certified hospital in return for no salary. My husband did not have the financial ability to sustain me and provide me with a suitable home, as he had neither a separate home nor a permanent source of living, so I decided to return to Saudi Arabia to live with my mother, after taking my husband’s permission. We hoped to find a job for my husband in Saudi Arabia after finishing his internship, so that we could live together, but things did not work out as we had planned, and we failed. My husband could not enter Saudi Arabia to get a job there. Moreover, he did not exert any efforts to get a job in Pakistan to sustain himself; even the temporary jobs he managed to get he left to search for other ones.A year ago, he decided not to search for a job anymore, and he preferred to stay at home and continue his postgraduate studies. He has taken the exam three times until now, but he failed every time. He neither has a job to sustain himself, nor has he passed the exam to continue his postgraduate studies, and he is unable to meet his obligations towards me as his wife.

Since our marriage, he has borrowed 80,000 Pakistani rupees from me, with the intention of repaying it when he can. However, he sent me a letter recently telling me that he cannot repay the debt, which he has promised me to repay, at all.

My husband’s family never consented to our marriage. During the first days of our marriage, a fight took place between my husband and his brother, and they used knives. My husband was stabbed by his brother and was on the verge of death. However, he told me that this fight had nothing to do with our marriage, but it had to do with family affairs. Then, my mother-in-law decided to dismiss my husband from the house. The family members have, finally, reunited,but they do not accept me as their daughter-in-law until this moment.

My husband’s financial circumstances do not allow him to provide me with Nafaqah (obligatory financial support); he does not care about my financial, physical, and emotional needs; in addition to his great dependence on me in financial matters. I have also figured out that he is an irresponsible man.

My husband’s family is violent, harsh, and irritable. They are also dissatisfied with my marriage to their son, which means that living with this family might cause me harm and jeopardize my safety. There is no guarantee that they will not harm me if I move to live with them, as my husband does not have a separate house. I have recently felt deep hatred for my husband for the previous reasons, which caused me to ask him for Talaq (divorce pronounced by a husband) many times, but he refused.

Your Eminence, my problem can be summed up in the following points:

First, my husband has not been able to provide me with Nafaqah since our marriage, which was two years ago.

Second, there is no hope that my husband gets a job in the near future to provide a means of living for me.

Third, my safety will be jeopardized if I live with my husband’s family in the same house.

Fourth, my family’s conditions force me to live with my mother who has been divorced since 1408 A.H.; she has two other daughters; and she does not receive any financial support from my father.

Fifth, I have no source of living to sustain me, as I have not got a job yet.

Sixth, the years pass quickly, and I am a woman who wants to have a family, children, and a husband that supports me.

Seventh, I now hate my husband to the extent that I cannot fulfill my duties towards him.

Eighth, can I ask for Talaq from my husband?

Ninth, what is the most suitable attitude my husband should take concerning my request for Talaaq? Al-salaamu `alaykum warahmatullaah wabarakaatuh (May Allaah’s Peace, Mercy, and Blessings be upon you!)

Answer: If the reality is as you mentioned, you have right to ask for Talaaq, and you are not committing a sin for this… read more here.

A woman asking for money to have intimate relations with her husband

Question 9: Whenever I ask my wife to come to my bed for intercourse, she refuses unless I give her a sum of money. I have two children from her, and I do not have the means to give her a sum of money every time. I am a manual worker and my work just covers the daily expenses of my house. I find it difficult to meet the extra financial demands of my wife. I do not want to earn a fortune; all I want is to please Allaah and enter Jannah (Paradise) that Allaah (Exalted be He) has prepared for the pious people. We ask Allaah (Exalted be He) not to deprive us of it. I have advised my wife that her attitude is completely wrong and Haraam (prohibited), yet she remains stubborn, and she even mocks me. Please advise, may Allaah reward you and safeguard you for the Muslims.

Answer: It is the spouses’ duty to keep good company with one another. Allaah (Exalted be He) says: …and live with them honourably. He also says: And they (women) have rights (over their husbands as regards living expenses) similar (to those of their husbands) over them (as regards obedience and respect) according to what is reasonable, but men have a degree (of responsibility) over them.… read more here.

Treating the husband badly and denying him his marital rights

Question 8: I have been married for thirty seven years now. I refrained from having intercourse with my husband eight years ago and started to mistreat him. What is the ruling on this act?

Answer: A wife is obliged to honor and treat her husband kindly seeking to please Allaah. It is impermissible for her to refrain from having intercourse with her husband unless she has a Shar`ee (Islaamically lawful) excuse… read more here.

Wife denying the husband’s rights and people turning her against him

Question 7: What is the ruling on a wife who denies her husband his marital rights; by refusing to have sexual relations with him despite being healthy and without any Shar`ee (Islaamically lawful) excuse? What is the ruling on someone who tries to provoke the spouses against each other, if they are from amongthe wife’s relatives?

Answer: First, a wife must obey her husband when he calls her to his bed, and it is Haraam (prohibited) for her to refuse without a Shar`ee excuse. It was authentically reported in the Two Saheeh (authentic) Books of Hadeeth (Al-Bukhaaree and Muslim) and other books on the authority of Aboo Hurayrah (may Allaah be pleased with him) that the Messenger of Allaah (peace be upon him) said: “If a husband calls his wife to his bed (to have sexual relation) and she refuses and lets him sleep while angry, the angels will curse her until the morning.” In another narration, the Messenger of Allaah (peace be upon him) said… read more here.

Turning a wife against her husband

Question 6: A woman’s family is turning her against her husband, preventing her from going to him by force, and threatening her. Even more, they are asking him to divorce her. What is the ruling of Islaam on people who do these acts nowadays? Please give us your Fatwaa’ (legal opinion issued by a qualified Muslim scholar). May Allaah reward you.

Answer: It is Haraam (prohibited) to turn a wife against her husband, based on the evidence reported in this regard. Anyone who does that has committed a sin and an evil act of Fisq (flagrant violation of Islaamic law)… read more here.

Keeping away from the wife after revoking the divorce

Question 5: A Muslim remained married for twenty years or more and then he married again and divorced his first wife. Three months later, his second wife died, so he took back his first wife in marriage. He used to enter his house and eat whatever food and drink she had prepared but without talking to her at all. They lived like this for one year. Many righteous people have tried to reconcile them but the husband always refuses. What is the ruling of Islaam on this?

Answer: Evidence from Sharee`ah (Islaamic law) support the obligation of good companionship between the spouses. A husband should take his wife back in marriage in a good manner and it is Haraam (prohibited) for him to take her back just to hurt her. Moreover, it is permissible for a wife to ask for Talaaq (divorce pronounced by a husband) if her husband does not treat her well, even if she has to ask the ruler to help her to get a Talaaq… read more here.

Deterioration of relations between the spouses

Question 4: A man got married seventeen years ago. He used to not have any disputes with his wife. Rather, they would treat each other very kindly. Unfortunately, only four years ago the couple started to have disputes. The wife mentioned that it was not in her hands to stop such disputes. Disputes increased with the passage of years, and this year these disputes are more severe. The husband was treated, but he saw in a dream that he divorced his wife. Then he saw another dream that he was leaning on a wall and that his wife was sitting next to a man amongst his acquaintance as if they were married to each other. The husband in question denied that his wife, in that dream, put on normal clothes that a woman wears in the presence of her husband. Anyway that man left the place and so did the questioner’s wife. What do these dreams refer to? Allaah (Alone) is Sufficient for us, and He is the Best Disposer of affairs (for us).

Answer: Both the concerned husband and wife have to do their best to treat each other kindly. They have to seek the assistance of some of the relatives on both sides to advise them and bring about reconciliation between them for it may be that Allaah terminates their dispute. On the other hand, the first dream, in which the concerned husband saw that it was as if he had divorced his wife, has no effect on his marriage and is not considered a divorce… read more here.

Man asking for his daughter’s divorce as the husband is a drunkard

Question 3: A man gave his daughter in marriage to a man whom he did not know well, then found out that his son-in-law is a drunkard who does not care about Islaamic rulings. Can he divorce his daughter from him?

Answer: If the situation is as you have mentioned, that you gave your daughter in marriage to a man whom you did not know well, and then you discovered that he is a drunkard and does not care about Islaamic rulings, this man is either one of two things: he either does not believe in the rulings of Islaam, and in this case he is considered a Kaafir (disbeliever), and his marriage contract to his wife is annulled by his Kufr (disbelief) through the legal ruler, or he does not follow the rulings out of negligence, while believing in them… read more here.

What is the meaning of Nushooz wife?

Question 2: What is the meaning of Nushooz ? Can this occur from both spouses or the wife only?

Answer: Nushooz is the state when one spouse violates their marital duties. Allaah says: And if a woman fears cruelty or desertion on her husband’s part, there is no sin on them both if they make terms of peace between themselves; and making peace is better. A woman may give up any of her rights so that her husband would not divorce her, as Sawdah (may Allaah be pleased with her) did with the Prophet (peace be upon him). `Aa’ishah (may Allaah be pleased with her)commented on Allaah’s Saying… read more here.

How to settle down a marital discord ?

Question 1: I gave my daughter in marriage to one of my relatives. He had intimate relations with her for about four months. Then she came to my house and stayed with me for eight months without him asking to take her back. One night I was not at home when he came to the house. They argued with each other and he started beating her and almost choked her to death but the family members managed to rescue her.The next day I was told about what happened but I overlooked the matter. Three years passed without him coming to take her back. On 10/3/1405 A.H, he came to me asking to take her back. I did not mind that. I asked him to settle the matter with his wife. She asked him to buy her some jewelry, give her a sum of money, and provide a separate house for her. He agreed to her demands. On 27/3/1405 A.H, he did what she wanted but he could not afford the house. He gave her the jewels together with ten thousand riyals. The next day when I was away from home, he returned and asked her to give him the jewels and the money back. I do not seek to have them separated. I tried to reconcile them before and I will continue to do that.

The question is: Is she still considered to be his wife after he beat and choked her. He deserted her for three consecutive years during which she gave birth to a daughter whom he never provided with clothing or anything. Are the money and gold which he took back considered as lawfully his? It is worth mentioning that he did not pay the Mahr (mandatory gift to a bride from her groom). I helped him in the preparation of his house and did not ask him for even a single riyal.

May Your Eminence give a reply to my question.

Answer: If the reality is as you mentioned, arbitrators from the husband’s and the wife’s family should be appointed to reconcile them. If they desire to set things aright, Allaah (Exalted be He) will make peace between them, otherwise the matter will be referred to the court for decision. The court will give each partner their due rights.. read more here.