Wife Divorcing Her Husband Fatwa No: 81487
- Fatwa Date:4-9-1999
Can a women divorce from her husband? if yes, in what circumstances?
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.
The divorce of a Muslim woman from her husband is an affair which is loathsome to Allah. This is due to the problems and possible evils. However, if there is a situation in the marital life taking place between the husband and the wife due to a defect or defects in one or both of them, such as problems of religion, bad character, sickness, or a defect such as being sterile and the like, then seeking divorce is permissible. In this case, it is acceptable and there is nothing prohibited in seeking a divorce. What is prohibited is for a wife to seek divorce from her husband for no reason in the Sharee’ah. There is a serious threat for a woman to seek divorce without a valid reason.
The Prophet said: “If a woman asks her husband for divorce for no valid reason, the smell of paradise is forbidden for her.” [At-Tirmithi, who classified it as a Hasan Hadeeth]
If the inquirer's purpose is to know whether a woman can divorce her husband or not, we inform her that divorce is one of the husband's rights only. But, when a man authorizes his wife to divorce herself whenever she wishes, then she has the right to do so at anytime.
Allah knows best.