When is it obligatory to divorce.
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:
In
what situation or condition Talaq or Divorce shall be given by a man? or in
what conditions it become mandatory to divorce a womane?
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Answer:
When is it
obligatory to 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.
Your
Question: In what situation or condition Talaq or Divorce shall be given by a
man?
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 wife) 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 divorce) 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.
As much as Islam has guided the believers to fear Allah
and strive to scrupulously honor their marriage contract, Islam has recognized
that human beings are not like animals that when two amongst them are tied
together, they have to live the rest of their lives together whether they like
it or not.
It is possible that two people who once chose to unite in
the sacred bond of marriage may find a situation or condition where one (or
both) fear that they might not be able to fulfill the lawful rights of the
other or live together within the boundaries of Allah Subhanah…..and as much as
Islam has discouraged the institution of divorce, such a couple are well within
their rights to legally seek their freedom and separate through divorce.
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.’
Your
Question: ….or in what conditions it become mandatory to divorce a womane?
Al-Tirmidhi Hadith 3655 Narrated by Abdullah ibn Umar
Allah's Messenger (saws) said, "There
are three people to whom Allah has forbidden
If one’s wife is openly and unrepentantly unchaste, it is
incumbent and obligatory upon a believer who sincerely fears Allah and the Last
Day that he must divorce her.
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