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Can wife divorce husband suspicion zina

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What are the criteria for a woman divorcing her husband

Accusations of adlutery for a number of years without ever bringing any proof 

 

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Can wife divorce husband suspicion zina

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Your Question: What are the criteria for a woman divorcing her husband

Sunan of Abu-Dawood Hadith 2173 Narrated by Abdullah ibn Umar

The Prophet (saws) said: ‘Of all the lawful acts’ the most detestable to Allah is divorce.’

 

Sunan of Abu-Dawood Hadith 2172 Narrated by Muharib

The Prophet (saws) said: ‘Allah did not make anything lawful more abominable to Him than divorce.’

 

As detestable and disliked divorce is in the Sight of Allah Subhanah, if a husband does not fulfill his due rights to his wife, or oppresses his wife without right, or the wife fears that she might not be able to live with her husband within the limits prescribed by Allah Subhanah, etc….the wife in Islam is well within her rights to seek permanent separation from her husband through the institution of divorce.

 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 229 (part):

…..If ye do indeed fear that they would be unable to keep the limits ordained by Allah there is no blame on either of them if she give something for her freedom (divorce). These are the limits ordained by Allah; so do not transgress them. If any do transgress the limits ordained by Allah such persons wrong (themselves as well as others).

 

If the wife initiates a divorce for a strong and genuine reason/s, she would be blameless for the divorce taking place in the Sight of Allah Subhanah; but if a wife initiates a divorce for frivolous reason, indeed she will be held to severe account for breaking the sacred institution of marriage in the Court of Allah Subhanah.

 

Sunan of Abu-Dawood Hadith 2218 Narrated by Thawban

The Prophet (saws) said: ‘If any woman asks her husband for divorce without some strong reason, (even) the odour of Paradise will be forbidden to her!’

 

Your Question: Accusations of adlutery for a number of years without ever bringing any proof 

Allah Says in the Holy Quran Chapter 49 Surah Hujuraat verse 12:

12 O ye who believe! Avoid suspicion as much (as possible): for suspicion in some cases is a sin: and spy not on each other nor speak ill of each other behind their backs. Would any of you like to eat the flesh of his dead brother? Nay, ye would abhor it...but fear Allah: for Allah is Oft-Returning Most Merciful.

 

Unless and until one has oneself seen with one’s very own eyes their spouse committing the crime of adultery, or one can bring forth four reliable witnesses who will bear witness under oath that they have seen the spouse committing the actual act of adultery…..one has absolutely no right and no basis of assuming or accusing one’s spouse of the heinous crime of adultery!!!

 

If Allah forbid one were to do so, one would involve oneself in one of the gravest sins in the Sight of Allah Subhanah.

 

Sahih Al-Bukhari Hadith 4.28 Narrated byAbu Huraira

The Prophet (saws) said, "Avoid the seven Great Destructive Sins." The companions enquired "O Allah's Messenger (saws)! What are they?" He (saws) said,

  1. To join others in worship along with Allah,
  2. to practice sorcery,
  3. to kill the life which Allah has forbidden except for a just cause, (according to Islamic law),
  4. to eat up riba (usury),
  5. to eat up an orphan's wealth,
  6. to give back to the enemy and fleeing from the battlefield at the time of fighting,
  7. and to accuse chaste women of committing ‘zina’ (fornication or adultery).

 

Mere suspicion or heresay of one’s spouse committing the heinous crime of ‘zina’ cannot be made a valid basis for divorce.

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan

 


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