Seeking Divorce Without a Legitimate Reason - Part 1

Seeking Divorce Without a Legitimate Reason - Part 1

Shaykh Abdul-Azeez ibn Baaz
Reference: Fataawa At Talaaq. P.236.
Category: Women's Matters
If a woman seeks a divorce from her husband without a legitimate reason and the husband refuses that request is he a sinner as a result?
If a woman has no legitimate reason then the husband is not obligated to divorce her, but it is also necessary for him to seek out those things which will bring about harmony and love (in the relationship) and to get rid of things that that will lead to divorce. Because it could be that she has some legitimate reasons such as bad manners or stinginess or staying out all night and coming home in the late hours of the night or for reasons other than this. So it is binding upon him to observe these things and to fear Allaah in order that he gives the woman her due right.
As for her, then it is not permissible for her to seek a divorce except with a legitimate reason. As it comes on the authority of the messenger طµظ„ظ‰ ط§ظ„ظ„ظ‡ ط¹ظ„ظٹظ‡ ظˆ ط³ظ„ظ… that he said:
“Any woman who seeks a divorce without a legitimate reason, will not smell the fragrance of Paradise."
...and that is a severe threat.
So, it is incumbent upon the woman that she lives with her husband in kindness and that she listens and obeys him in that which coincides with the Book of Allaah and the Sunnah of His messenger طµظ„ظ‰ ط§ظ„ظ„ظ‡ ط¹ظ„ظٹظ‡ ظˆ ط³ظ„ظ… and not to seek a divorce from her husband except with a valid excuse. And if there is a legitimate excuse then there is no problem with that, for example: he’s stingy, and does not give her the rights that are due to her, or he is emerged in sin and disobedience like getting drunk and the likes of that, or he stays out all night all the time, or he makes her life very constricted, or reasons other than that, then these are excuses that are regarded and honored.
Or it could be from the fact that she may hate him (a lot) and that Allaah has not placed love in her heart for him and she cannot give him his rights as a result of her hatred towards him. Then there is no harm in her seeking a divorce, so that she doesn't fall into sin by not giving him his rights.
And if she seeks a divorce from him then she is to return his mahr (dowry) to him if her reason for divorce was from the fact that she hated him then she is to return to him the mahr and the gifts that had given her.
However if the reason for her seeking a divorce was from his side, such as he doesn't give her rights or he is stingy regarding her necessities, or he stays out all night and doesn't come home except in the late hours of the night and he's tired, or because he engages in getting drunk, then these are legitimate reasons to request a divorce. And if he refuses then she has the right to take him to the Muslim courts so that they can look into his affair.
As for the one who doesn't pray…
Translator: Shadeed Muhammad, Abu Az-Zubayr
Date Published: Friday, 07 January 2005
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