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His sister wants divorce from her abusive husband

Question

Dear Sir,
My sister get’s married on last 8 months before. Her husband was working in dubai , he is handsome and from a good family. Before marriage his family promised that he can arrange family visa and bring his wife to dubai.After marriage 2 month he stayed with sister and gone back.As his family promised he can bring my sister within 3 months to dubai. We waited 4 months and nothing happened at the end of the month he came back with my sister permission for a 3 months to stay in kerala.This effected our relatives , they were asking different questions.One day I scold and shouted at him, my father was sick and he was in hospital too but this man came late at the end of the day even my father shouted him very well .Now this fellow get’s angry to my sister and beating. He don’t have any love to our family as well as to his wife.Some time love and some time get’s angry.Now we have doubt about him that he is a mental person or not.Even he is calling bad words to our family members...Now our family members are trying to give divorce to this man and try a better person for her.Because he get's angry towards us but all the angerness goes to my sister.She told me that she need divorce.Please advice.
Regards
Sajir

Answer

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 ( may  Allaah exalt his mention ) is His slave and Messenger.

If your sister is harmed by staying with her husband, then she may ask for divorce because of the harm. However, if she wants to stay with her husband and be patient with him, then you should not encourage her to seek divorce from him.

In any case, you should not hasten for divorce, rather, it is more appropriate to be patient and seek a solution for reconciliation because reconciliation is a good thing. This husband is not obliged to bring his wife to reside with him where he resides unless she had conditioned this on him or that her guardian conditioned this on him before the marriage and he agreed to this condition. The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: “The conditions that must be most fulfilled are those by which you made the private parts (of your wives) lawful.” [Al-Bukhari and Muslim]

However, the mere promise of his family about this without his knowledge does not make him obliged to fulfill it.

Therefore, we advise both parties to respect each other and have mutual understanding about the matter with wisdom, and appoint rational people from both families. Finally, if it is possible to reach an understanding, then this is what is required, and if not, then separation between them should be in kindness.

Allaah Knows best.

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