πͺπΌπΊπ²π»'π ππ²π»π²π³πΆππ (217)
3 August 2024 β’ 4.22K views
When can a woman request khulβ (separation initiated by the wife)?
Sheikh Khalid Ash-ShΔriαΈ₯ee, may Allah preserve him, responded:
Firstly, it is not permissible for a woman to request a divorce unless there is a legitimate reason justifying her request for khulβ or divorce. Thawban (may AllΔh be pleased with him) reported that the Messenger of Allah ο·Ί said:
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"Any woman who asks her husband for a divorce without a valid reason will not smell the fragrance of Paradise." [Authenticated by Al-Albani in Sahih Abi Dawood]
The reasons that permit a woman to request a divorce are:
1. If the husband is unable to fulfill the wife's rights such as maintenance, marital relations, and proper housing.
2. If she is harmed by her husband's travel, such as when the husband travels for more than six months or if she is left alone for a long period and suffers from this separation and fears for herself due to temptation and cannot be patient, she has the right to request a divorce.
3. If the husband physically abuses his wife without a legitimate reason, curses, or insults her, and she cannot tolerate or endure this behaviour.
4. If the woman discovers a defect in her husband, such as infertility, inability to have intercourse, or a serious repulsive illness, and so on.
5. If the husband engages in immoral behaviour, commits major sins, neglects obligatory acts of worship, or uses drugs, the wife should advise him. If he reforms, then praise be to Allah, otherwise, she has the right to separate from him to protect her religion, as bad company has a detrimental influence.
6. If she finds herself having a strong aversion to him, severe dislike, or no love for him and cannot bear to stay with him, even if she does not know the reason, she is excused in requesting a divorce. The husband should consider her feelings and grant her a divorce if she desires it.
If any of these reasons, or some of them, are present and the wife requests a divorce but the husband refuses, the judge should enforce the divorce, as Islamic law aims to prevent harm to all parties. However, we advise patience and not rushing to divorce unless it is unbearable, as regret often follows divorce. Allah is the source of strength, and if they separate, Allah will enrich each of them from His Bounty.
Source:
https://t.me/BOT_9_9_1/19440
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