This is a condition that allows a wife to sue for divorce from her husband
Assalamualaikum. Ustadz, I want to ask a question.
About divorce law. I have heard that it is forbidden for a wife to ask for a divorce, except in three cases. And, if a wife divorces her husband, she will not enter heaven. In fact, it is forbidden for him to smell the smell of heaven. Is that true, Ustadz?
Well, my question is:
First, is it halal or is it permissible for a wife to ask for a divorce? Because, already cheated on and never considered by her husband. The husband never respects his wife. Even as if, the wife's property does not belong to the wife. For example, all of the husband's business capital comes from his wife's work in Hong Kong, but the husband always does not consider it. In fact, the husband said to his family and friends that all the capital was from himself. He said he had never touched his wife's money.
Second, is the statement above one of the three things that are allowed for a wife to ask for a divorce?
Thank you, Ustadz.
Greetings, Fulanah
ANSWER:
Wassalamu'alaikum warahmatullahi wabarokaatuh.
My sister who is blessed by Allah… Marriage is worship. As much as possible we keep our worship in order to remain istiqomah. However, sometimes complicated and complicated household problems lead to rifts and even divorce between husband and wife. Like the case of infidelity committed by one or both, for example. So that marriage is difficult or impossible to maintain.
If the divorce is purely from the husband, then it is called talak. However, if it is the wife who asks for or sues for divorce, and then the husband drops the divorce, it is called khulu', where the wife has to pay iwadl/ransom/compensation for the amount of dowry that was previously given to her by the husband.
The law of origin of the wife suing her husband for divorce without any clear reason is haram. As the Prophet PBUH said:
ا امرأةٍ لت ا لاقاً ا امٌ لَيْهَا ائِحَةُ الجَنَّةِ
"Any woman who asks her husband for a divorce without urgent conditions, then the smell of heaven is forbidden for her." (HR Abu Dawud & Tirmidhi)
However, there are things that allow a wife to sue her husband for divorce if there are clear, urgent, and urgent reasons, such as: the wife hates the husband's morals, religion, or physical disability or weakness so that he cannot fulfill his obligations, or the husband hates his wife. without apparent reason.
This is as mentioned in a narration from Ibn Abbas that the wife of Thabit bin Qais complained to the Messenger of Allah and said: "O Messenger of Allah, I do not criticize Thabit bin Qais on his morals and religion, but I am afraid of committing kufr in Islam." Then the Prophet said, "Do you want to return to him his garden?" He replied, "Yes, Messenger of Allah." Then the Prophet said: "Take his garden and divorce him".
If the wife sues for divorce from her husband and the religious court grants it, where the husband also divorces his wife, then the divorce falls on him. This kind of divorce is called khulu'. The two can no longer reconcile. Even if they want to unite again, they must go through a new marriage process and a new dowry as well.
Wallâhu a'lam bish-showâb.
Regards!
...
(Answered by: Ustadz Very Setiyawan, Lc., S.Pd.I., MH)
#SahabatMigran want to consult about Islamic religious issues and life issues? Come on, submit the question via a WhatsApp message to the number + 852 52982419. [DDHKNews]
