Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

i was married four years ago, my husband left me for an other woman can i apply for a divorce?

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Husband left for another woman

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 no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 3: If ye fear that ye shall not be able to deal justly with the orphans, marry women of your choice: two, or three, or four; but if ye fear that ye shall not be able to deal justly (with them) then only one, or that your right hands possess. That will be more suitable to prevent you from doing injustice.

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 128-129:

128 If a wife fears cruelty or desertion on her husband's part there is no blame on them if they arrange an amicable settlement between themselves; and such settlement is best; even though men's souls are swayed by greed. But if ye do good and practice self-restraint Allah is well-acquainted with all that ye do.

129 Ye are never able to be fair and just as between women (wives) even if it is your ardent desire: but turn not away (from a woman) altogether so as to leave her (as it were) hanging (in the air). If ye come to a friendly understanding and practice self-restraint, Allah is Oft-Forgiving Most Merciful.

130 But if they disagree (and must part) Allah will provide abundance for all from His all-reaching bounty: for Allah is He that careth for all and is Wise.

Sunan of Abu-Dawood Hadith 2128 Narrated by Abu Hurayrah

The Prophet (saws) said: ‘When a man has two wives and he is inclined to one of them, he will come on the Day of resurrection with a side hanging down.’

Islam has permitted the believers to marry more than one wife upto a maximum of four wives if they wish to do so; provided they are able to do justice in the spending of his wealth and his time between them. If one chooses to marry more than one wife, and for any reason does not fulfill his obligatory rights, duties and responsibilities towards each of them in full, he will be in transgression of the laws of Allah Subhanah and will have a very severe accounting in the Presence of the Majestic Lord on an Inevitable Day.

Your Question: i was married four years ago, my husband left me for an other woman can i apply for a divorce?

If your husband has exercised his option of marrying another woman, but does not fulfill his rights and obligations to you in full, or has abandoned you completely; you are well within your rights in Islam to initiate a divorce proceedings against your husband, and there will be absolutely no sin upon you.

If your husband has abandoned you for another woman and refuses to fulfill his duties and responsibilities towards you, and does not do justice between his two families; rest assured that he will have to account for his transgression and you will receive your due recompense and justice in the Just and Supreme Court of Allah Subhanah on an Inevitable Day.

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

Your Brother in Islam,

Burhan