𝗠𝗲𝗻'𝘀 𝗕𝗲𝗻𝗲𝗳𝗶𝘁𝘀 (91)

I'm Not Feeling Her Anymore. Can I Just Divorce Her? Question: If a man divorces his wife for no reason whatsoever, except that he does not feel at ease with her, is he being unjust to her? Sheikh Najeeb Ash-Shar'abi: Regarding a man divorcing his wife without reason or need, there are two views among the scholars: The first: that it is disliked. This is the view of the majority of scholars. The second: that it is haram. The correct view is the second one, meaning: it is forbidden. This is a narration from Imam Ahmad, as stated in "Al-Mughni" (vol. 7, p. 363). He said: Because it harms himself and his wife, and destroys the benefit they have for no need, so it is forbidden, like destroying wealth. And because of the Prophet's saying (peace be upon him): "No harm and no reciprocating harm." End quote. A group of scholars also said it is forbidden, as long as the woman does not want the divorce. This prohibition becomes evident from several aspects: The First Aspect: It involves harming the woman, as previously mentioned in the quote from Ibn Qudamah (may Allah have mercy on him). Examples of harming the woman include: 1. The emotional breaking she experiences. The Prophet (peace be upon him) said: "Her divorce is her breaking." 2. Her pain from society's view of her. A woman generally does not want to be counted among divorced women in society. 3. Men's desire for her decreases after her divorce, especially as she gets older. This is relative and varies from one society to another. 4. She loses the provider who supported her—her husband. She may then fall into need and poverty after him. 5. A woman generally finds it difficult to stay with her relatives for a long time, whether during her marriage or after her divorce. She may be forced to do so after divorce if she does not have older children. This becomes even harder if her parents have passed away and she is forced to stay with her brothers! The Second Aspect: If the husband has children with her, they may become scattered, neglected, and suffer shortcomings in their upbringing and care. Problems may enter upon them from various doors! The Third Aspect: The foundation of marriage is continuity and permanence. For this reason, Allah Almighty forbade temporary marriage (mut'ah) after having initially permitted it—an eternal prohibition until the Day of Judgment. Similarly, Nikah At-tahleel (marriage to make a women permissible for her former husband) is forbidden. Likewise, marrying with the intention of divorce is forbidden according to the correct view, due to this same consideration, even though the majority hold a different view. Divorce destroys this permanence, which is among the legitimate objectives of marriage. Allah Almighty said: "And among His signs is that He created for you from yourselves mates that you may find tranquility in them, and He placed between you affection and mercy. Indeed, in that are signs for a people who give thought" [Surah Ar-Rum: 21]. And He Almighty said: "They are clothing for you and you are clothing for them" [Surah Al-Baqarah: 187]. The Prophet (peace be upon him) said: "Marry loving, fertile women, for I will boast of your great numbers among the nations." Narrated by Abu Dawood (no. 2050) from the hadith of Ma'qil ibn Yasar (may Allah be pleased with him), authenticated by Ibn Hibban (no. 4056), Al-Hakim (no. 2685), agreed upon by Adh-Dhahabi, Al-Albani in "Sahih Abi Dawood" (no. 1789), and Al-Wadi'i in "As-Sahih Al-Musnad mimma laysa fi As-Sahihayn" (no. 1126). He (peace be upon him) also said to Al-Mughirah ibn Shu'bah: "Go and look at her, for that is more likely to create harmony between you." Narrated by Ahmad (no. 18154), At-Tirmidhi (no. 1087), and Ibn Majah (no. 1865). His saying "more likely to create harmony between you" means: more conducive to lasting affection between you.