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Fatwa CenterWants to divorce his wife to whom he owes her Mahr and other money
Question
I am simply asking you if I can divorce my wife and I cannot pay her money nor her Maher what you want me to tell you more her Maher (Moakhar Nikaah $5000 besides $25,000) I took from her as loan few years ago I don't have the above money and I want to divorce her what shall I do is info above enough or you want more details.
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 is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
Before dealing with the issue of loan, it is worth dealing with the issue of divorce first.
Marriage is a heavy contract between the husband and wife, and Allaah named it in the Qur'an as a strong covenant. Allaah says (which means): {And how could you take it (back) while you have gone in unto each other, and they have taken from you a firm and strong covenant?}[4:21]. Since marriage is as significant Islamicly as mentioned, then one should not hurry to nullify it, and one should keep the bonds of marriage as much as possible especially when the couple is blessed with children.
If there are disputes between the partners, they should solve them by bringing about mutual understanding according to Islamic legislation, i.e. each spouse should fear Allaah in relation to the other partner. Each one should make his/her rights known to the other and both should abide by them. This way, they would have mercy and affection towards each other. If we suppose that a husband is displeased about some qualities that his wife has; if these qualities are small then he has to overlook them and look to her other good qualities. The Prophet 
said: "A believing man should not hate a believing woman; if he dislikes one of her characteristics, he will be pleased with another." [Muslim] However, if he notices in her some characteristics about which he could not be patient, then the solution is in the Book of Allaah. On this issue, please refer to Fatwa: 83324.
As regards the issue of loan, or the delayed dowry, then this does not have an effect on the validity of divorce if the husband has uttered it. If the husband is unable to repay the loan, then the wife has to grant him time until he becomes able to repay. Allaah says (which means): {And if the debtor is in a hard time (has no money), then grant him time till it is easy for him to repay.}[2:280]. However, when the husband will have money, he is obliged to repay his debts or any delayed dowry, and if he can repay by instalments, then he has to do so.
Allaah knows best.
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