If one lady, is not intersted in her husband even 1% and also they dont do any act like husband and wife
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:
if one
lady, is not intersted in her husband even 1% and also they dont do any act
like husband and wife and their are many problems in their lives, and lady is
not agree to spend even one minute with her husband and she need divorce from
him but that husband is not agree for this and he is saying that you have to
spend your life like this for complete life. what is the solution in islam for
this case? and what should that lady do??
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Answer:
Seeking divorce
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.
Dear and beloved Sister, Islam has recognized the fact
that human beings are not animals that two of them are tied together and thus
‘must’ live together and get along, even if they do not wish to do so! Every
human being is an individual, and each has its own habits, and temperaments,
and likes and dislikes, etc….and it is possible that even when two human beings
who once agreed to be bonded and united in the sacred institution of marriage
may wish, for any number of reason, to free themselves from that union. For such people, Islam has left open the door
of ‘talaq’ or divorce….but Islam has guided that just as at one time the two
individuals agreed to unite with each other in love, and harmony, and peace….if
at all it happens that they may wish to separate, they should do so with peace,
and harmony, and generosity.
Your Question: and
lady is not agree to spend even one minute with her husband and she need
divorce from him but that husband is not agree for this and he is saying that
you have to spend your life like this for complete life. what is the solution in islam for this case?
and what should that lady do??
Allah Says in the Holy Quran Chapter 2 Surah
Baqarah verse 229:
229 A divorce is only permissible twice: after that the parties should
either hold together on equitable terms or separate with kindness. It is not lawful for you (men) to take back
any of your gifts (from your wives) except when both parties fear that they
would be unable to keep the limits ordained by Allah. If ye (judges) 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 (the wife) give something for her freedom. 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).
Allah Says in the Holy Quran Chapter 4 Surah
Nisaa verse 19:
19 O ye who believe! Ye are forbidden to inherit women against their
will. Nor should ye treat them with harshness
that ye may take away part of the dower ye have given them except where they
have been guilty of open lewdness; on the contrary live with them on a footing
of kindness and equity. If ye take a
dislike to them it may be that ye dislike a thing and Allah brings about
through it a great deal of good.
Allah Says in the Holy Quran Chapter 4 Surah
Nisaa verses 128-131:
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 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.
131 To Allah belong all things in the heavens and on earth. Verily We have directed the people of the
Book before you and you (O Muslims) to fear Allah. But if ye deny Him lo! unto Allah belong all
things in the heavens and on earth and Allah is free of all wants worthy of all
praise.
Your Question: what
is the solution in islam for this case? and what should that lady do??
If the husband is absolutely convinced that his wife no
longer loves him, or no longer wishes to continue their marriage and seeks her
freedom for him for any reason….it would only be piety and righteousness on the
part of the husband to fulfill the request of his wife and free her by
pronouncing a divorce.
But if for any reason the husband is not willing to
amicably settle the differences and grant his wife a divorce, the wife in Islam
is well within her rights to approach a
Beloved Sister in Islam, what we have related so far to
you in our answer are the legal implications of the wife initiating a divorce
in marriage. Although the concept of
‘divorce’ is lawful in Islam, it is extremely detested by Allah Subhanah and if
a woman seeks divorce without an extremely valid reason, she will have a severe
accounting in the presence of her Lord Most High on that Inevitable and
Tumultuous Day of Judgment. Thus both
parties should fear Allah Subhanah their Lord, and if there is any chance of a
reconciliation between the couple, they should strive their absolute utmost to
honor their commitment to the marriage.
The believers are guided by Allah and His Messenger (saws) to seek
divorce only as an absolute last resort.
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.’
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
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
Wister