Questions:
As-salamu `alaykum. What are
the valid reasons for a divorce in Islam
Answer:
In his response to your
question, Sheikh Ahmad Kutty, a senior lecturer and Islamic scholar at the
Islamic Institute of Toronto, Ontario, Canada, states:
Generally speaking, divorce is
not at all viewed favorably in Islam; rather it has been either condemned or
discouraged unless warranted by valid reasons.
The Prophet (peace and
blessings be upon him) cautioned against senseless exercise of divorce when he
said, “Among lawful things, divorce is most hated by Allah.”(Abu Dawud)
So no one with the sound Islamic
spirit and attitude must resort to divorce except in extreme and unavoidable
cases, where it has been considered as legitimate in Islam. The reason for this
is clear, for divorce entails dire consequences affecting families and
individuals; it results in deep psychological and emotional scars, especially
when children are involved.
Because of such factors and
others, Islam considers marriage a solemn contract (mithaq ghalizh) and reckons
it as the duty of both parties who have entered into such contract by invoking
God’s name and words, to seek to preserve it intact according to the best of
their abilities. For future of humanity lies in the sound family which is the
cornerstone of society.
Consequently, divorce has been
generally frowned upon in Islam; hence it is imperative that we exhaust every
possible avenue to avert the same; the steps thus recommended involve the
following:
1- Seek counsel from those who
possess wisdom, experience, and knowledge and seek to solve the outstanding
issues between yourselves after gaining insight and advice from them.
2- In the event that such
efforts fail, both spouses must resort to Islamic arbitration; in this
arbitration one should have parties representing both sides. They should submit
to abide by the decisions thus agreed upon.
The reason for this is that
often humans become so preoccupied with their temporary personal likes and
dislikes that they fail to see their own destructive behaviors and weaknesses.
Thus they are encouraged to seek advice and wisdom from those with experience
and knowledge, who may help them to empower themselves to take charge of
rectifying their behavior and attitudes.
Having said this, divorce
however, must not be considered a closed door. There are genuine cases when
divorce is the only option available. Here are a few valid reasons:
1- Physical, mental, or
emotional abuse or torture. When one of the spouses becomes abusive and
inflicts physical, mental, or emotional torture, and is not willing to change
by taking practical measures through therapy or counseling, then it is a valid
reason for seeking divorce, for the Islamic principle states, “There shall be
no inflicting or receiving of harm.”Zhulm (injustice) is not tolerated in
Islam, regardless of who the perpetrator is.
2- Failure to fulfill the
objectives and purposes for which marriage was initiated. This can be utter
incompatibility between the partners, which may be expressed by their
irreconcilable differences in temperaments, likes, and dislikes.
3- Marital infidelity. This can
be a major cause for dissolution of marriage, for marriage is built on trust
and confidence. Its main purpose is to preserve the chastity and modesty of
those involved. Once this foundation is eroded and undermined and there is no
chance to restore the same, then divorce is the way to go.
4- Failure of the husband to
provide. When the man, who is considered the provider and maintainer of the
family, fails to shoulder his responsibilities and the wife decides that she
cannot continue tolerating his shirking of responsibility, this is grounds for
divorce.
Any one of the above-mentioned
reasons can be considered as a valid ground for divorce in Islam. If in a
legitimate case warranting a divorce a husband refuses to divorce his wife,
then she is certainly justified by Islamic Law to approach the proper legal
authorities to get a divorce: The judgment of divorce thus rendered by such
authorities can be deemed as valid in Islam. May Allah help us all to conduct
our affairs with sound wisdom, understanding, sincerity, and faith, ameen.
Allah Almighty knows best.
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