Divorce with no just reason does not justify thinking ill of Islam Fatwa No: 10205
- Fatwa Date:21-1-2014
I am a woman who was divorced from her previous husband due to his bad morals and treatment and was married to a married man, who had children. Although he failed to satisfy my sexual needs, I made no complaint about that. On the contrary, I was pleased with him, left my job for his sake, and loved his children. I did all of this just to enjoy respect and good treatment while living with him. Suddenly, he divorced me with no just reason other than pleasing his first wife, which shocked me so much, and caused me to think ill of Islam, that makes divorce permissible for him. That is because this defames my repute among people, who, in turn, regard me as intractable and bad-mannered. Please give me a solution for my problem.
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
It is impermissible for a woman to think ill of Islam under the claim that she was wronged and divorced by her husband with no just cause, and that it is Islam which ordained that (right of divorce) for him. She should know that thinking ill of Islam means thinking ill of Allaah Almighty, Who Legislated that religion, and of His Messenger, sallallaahu ‘alayhi wa sallam, who brought it. No doubt, that is clear disbelief resulting in apostasy. So, you have to pray for Allaah's Forgiveness for that, renew your repentance (to Allaah), and not be of those in relation to whom Allaah Almighty Says (what means): {And of the people is he who worships Allaah on an edge. If he is touched by good, he is reassured by it; but if he is struck by trial, he turns on his face [to the other direction]. He has lost [this] world and the Hereafter. That is the manifest loss.}[Quran 22:11]
You should also know that Allaah Almighty Legislated for us a lot of rulings that ensure realizing all of our interests and benefits in all affairs to the best. There is no doubt that maintaining the marital bond is one of the most important things that received the Care of Allaah, The Wise, so the Muslim family will gather in a state of happiness, under the umbrella of the Sharee’ah of Allaah Almighty. Allaah Almighty Legislated for rulings to support it, sustain it, and maintain it from breaking down.
He Made it unlawful for the husband to wrong his wife, and Enjoined him to treat her with good companionship, and deal with her kindly, as confirmed by His saying (which means):
• {And due to the wives is similar to what is expected of them, according to what is reasonable.}[Quran 2:228]
• {And live with them in kindness.}[Quran 4:19]
Furthermore, the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, said: "Be good and kind to women." [Ibn Maajah] The Prophet, sallallaahu ‘alayhi wa sallam, further said: “No believing man (husband) should hate a believing woman (wife). If he disliked a characteristic from her, he would be pleased with another.” [Muslim]
However, this marital bond might be afflicted by dispute and disagreement, which may cause the spouses' life together to be oppression for either or both of them. For this reason, Allaah Legislated divorce as the last solution for such problems.
Divorce with no compelling necessity is unfavorable, according to the majority of scholars, and some of them even stated that it is unlawful, like Imaam Ahmad in a narration on his authority, under pretext that it causes harm to both spouses and puts an end to the benefit they receive, with no compelling need for that. That is why it is unlawful, just like wasting money. The Prophet, sallallaahu ‘alayhi wa sallam, said: “There should be neither harm nor malice.” [Ibn Maajah]
The husband then should endeavor to keep the marital contract, fear Allaah Almighty regarding his wife who sacrificed for his sake and not leave her just to please his other wife. Indeed, it is unlawful for a woman to seek the divorce of her co-wife. If it is possible to take her back, let him do so; and if it is difficult, then, the woman has to stop doubting that people regard her with contempt; on the contrary, she has to be strong and patient in facing the people and the community, by virtue of her upright conduct and virtuous morals, in order to show to them that divorcing her does not go back to any deficiency in her, in so much as it is due to conditions that she could do nothing about. If she keeps that way, she will surely find those who understand her situation and perceive the reality of her morals, and the fact will become clear to those surrounding her, sooner or later.
Allaah Knows best.