Can wife divorce husband suspicion zina
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:
What
are the criteria for a woman divorcing her husband
Accusations
of adlutery for a number of years without ever bringing any proof
(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:
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
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,
- To
join others in worship along with Allah,
- to
practice sorcery,
- to
kill the life which Allah has forbidden except for a just cause,
(according to Islamic law),
- to
eat up riba (usury),
- to
eat up an orphan's wealth,
- to
give back to the enemy and fleeing from the battlefield at the time of
fighting,
- 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