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Serving God Through Humanity
Sometimes, it so happens that couples are not able to reconcile their differences and the only plausible way forward is for them to go their separate ways, as loathsome an affair as divorce is, Allah has permitted it as a mercy from him so that either party does not have to suffer/ endure unnecessary hardship. Allah says:
And if a woman fears from her husband contempt or evasion, there is no sin upon them if they make terms of settlement between them -and settlement is best. And present in human souls is stinginess (holding on to self interest). But if you do good and fear God- then indeed God is ever with what you do, Acquainted. Surah an-Nisa' 4 vs 128.
But if they separate by way of divorce, God will enrich each of them from His abundance. And ever is God Encompassing and Wise. Surah an-Nisa' 4 vs 130.
Despite this, a woman cannot just ask for divorce without a valid reason as the prophet (PBUH) said
'No woman asks for divorce when it is not absolutely necessary, but she will never smell the fragrance of paradise, although its fragrance can be detected from a distance of forty years' travel'. Sunnan Ibn Majah, The Chapters on divorce, Book 10, Hadith 2132
Permissible Grounds for Divorce
Shaykh Ibn Jibreen (may Allah preserve him) said, explaining what justifies seeking talaaq or khul‘: If the woman dislikes her husband’s character, such as if he is harsh or hot-tempered or quick-tempered or gets angry a great deal for the slightest reason and rebukes for the slightest shortcoming, then she has the right to seek divorce by khul‘.
Secondly:
If she dislikes his physical make-up, such as if he has a defect or is ugly or is lacking in one of his senses, then she has the right to seek divorce by khul‘.
Thirdly:
If he is lacking in religious commitment, such as if he does not pray or is careless us about praying in congregation or breaks the fast in Ramadan without any excuse, or he does haraam things such as zina, drinking alcohol, listening to songs and music, and so on, then she has the right to ask for divorce by khul‘.
Fourthly:
If he denies her her rights to maintenance, clothing and other essential needs and he is able to provide that, then she has the right to ask for divorce by khul‘.
Fifthly:
If he does not give her her right to regular intimacy and that which will keep her chaste because of impotence (inability to have intercourse) or because he is not interested in her or is attracted to someone else, or he does not divide his time equally (among co-wives), then she has the right to ask for divorce by khul‘.
Sixth;
If the husband is having haraam relationships with other women, this is a reason which makes it permissible for the wife to seek talaaq or khul‘, so as to protect herself and her honour, and as a precaution against diseases that the husband may bring because of these relationships.
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