Wife demanding a divorce
Question:-
My wife has moved out of the house after getting sick at work and has blamed me for poisoning her, saying that I tried to kill her and she wants a divorce. She has applied for a court divorce. Please advise as to what I should do because I have no intention of issuing a divorce.
Answer:-
We are not fully aware of the issues which you are experiencing with your wife and her reason for filing for a court divorce. Marital disputes can only be resolved after listening to both parties. However, your query indicates that your wife is unjustly demanding a divorce without a valid Shari’ee reason and further accusing you of poisoning her, whereas sccordung to you, the allegations made against you are false. If this is correct, then she is treading a dangerous path, as severe warnings have been cited in the Hadith Sharif for demanding a divorce without a valid reason. It is recorded in a narration of Abu Dawud, Ibn Majah and Tirmidhi:
عن ثوبان قال: قال رسول الله – صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أيما امرأة سألت زوجها الطلاق من غير بأس فحرام عليها رائحة الجنة (أبو داود / ابن ماجة / ترمذي)
“Any woman that requests a divorce from her husband without encountering any problem, then the fragrance of Jannah is Haraam upon her.”
It is recorded in one narration, “The most hated from amongst the Halaal things to Allah is Talaaq. Another narration states, “Marry and do not divorce.” It is due to such narrations that some of the scholars have stated that Talaaq should only be issued at the time of extreme necessity, such as the spouses not being able to fulfil the rights of each other, or not being able to live with each other in harmony. However, Talaaq should be the last and final resort after trying to resolve matters through mediation, counselling etc.
وَفِي النِّهَايَةِ لِلسِّغْنَاقِيِّ أَنَّ إيقَاعَ الطَّلَاقِ مُبَاحٌ وَمِنْ النَّاسِ مَنْ يَقُولُ لَا يُبَاحُ إلَّا لِلضَّرُورَةِ لِقَوْلِهِ – عَلَيْهِ الصَّلَاةُ وَالسَّلَامُ – «لَعَنَ اللَّهُ كُلَّ ذَوَّاقٍ مِطْلَاقٍ». وَقَالَ – عَلَيْهِ الصَّلَاةُ وَالسَّلَامُ – «أَبْغَضُ الْحَلَالِ إلَى اللَّهِ تَعَالَى الطَّلَاقُ»، وَقَالَ – عَلَيْهِ الصَّلَاةُ وَالسَّلَامُ – «تَزَوَّجُوا وَلَا تُطَلِّقُوا» (تبيين الحقائق ص189 ج2)
In conclusion, our advice to your spouse would be to resolve the matter in an amicable manner, through the intermediary of some mature and senior Alim who is experienced in marital counselling. If after utilising all avenues to reconcile your wife refuses to return to her matrimonial home, then you may issue the Talaaq. Allah Ta’ala states in the Quraan Sharif, “If (after attempting to reconcile) the couple separate, Allah will make each one of them independent (of each other) through His generosity.” [Surah 4, Verse 130] If you haven’t wronged her or oppressed her in any way and she is unjustly demanding divorce, then Allah Ta’ala’s assistance is with you Insha’Allah.
ALLAH TA’ALA KNOWS BEST!
ANSWERED BY:
Mufti Mohammed Desai
Date: 12 Jumadal Ukhra 1444 / 05 January 2022