Asslamo Allaikum Wa Rahmatullahi Wa Barakatuh,
There is some confusion amongst Muslims with regards to a few Ahadeeth on divorce and their application. A brief summary on the issue is as follows.
Hadeeth Type 1: Divorce most hated
حدثنا أبو بكر محمد بن أحمد بن بالويه ، ثنا محمد بن عثمان بن أبي [ ص: 558 ] شيبة ، ثنا أحمد بن يونس ، ثنا معروف بن واصل ، عن محارب بن دثار ، عن عبد الله بن عمر - رضي الله عنهما - ، قال : قال رسول الله - صلى الله عليه وآله وسلم - : " ما أحل الله شيئا أبغض إليه من الطلاق " .
هذا حديث صحيح الإسناد ، ولم يخرجاه ، ومن حكم هذا الحديث أن يبدأ به في كتاب الطلاق .
The most detested thing out of permissable (matters) by Allah (SWT) is divorce. [Mustadrak and declared Authentic by Imam Hakim (RA)]
باب ما جاء في كراهية الطلاق
( أخبرنا ) أبو علي الروذباري ، أنا أبو بكر بن داسة ، نا أبو داود ، نا كثير بن عبيد ، نا محمد بن خالد عن معرف بن واصل عن محارب بن دثار عن ابن عمر رضي الله عنهما أن النبي - صلى الله عليه وسلم - قال : " أبغض الحلال إلى الله الطلاق " .
The most detestable of the permissible (matters) by Allah (SWT) is divorce [Sunanul-Kubra and declared Authentic by Imam Baihaqi (RA)]
حدثنا أحمد بن يونس حدثنا معرف عن محارب قال قال [ ص: 255 ] رسول الله صلى الله عليه وسلم ما أحل الله شيئا أبغض إليه من الطلاق
The most detested thing out of permissable (matters) by Allah (SWT) is divorce. [Abu Dawud, authenticity disputed if Mursal then acceptable by Hanafi Madhab]
Hadeeth Type 2: Divorce shakes the throne of Allah (SWT)
تزوجوا ولا تطلقوا , فإن الطلاق يهتز له العرش
“Marry and do not divorce, for verily the ‘Arsh (Allah’s Throne) shakes from it (divorce).” [Tabarni, weak or even fabricated by some Scholars]
Question?
- Talaq (divorce) in Islam is given by men so how do these Ahadeeth apply to women?
- Do they apply in the sense when a woman is being unreasonable?
- There are genuine reasons for Talaq (divorce) sometimes so how do we reconcile these Ahadeeth when the case is genuine?
Who do these Ahadeeth apply to?
Divorce unavoidable & situtaion of the wife!
Question: Regarding divorce: Is unhappiness, change of heart (feelings towards your spouse), and incompatibility with one another a valid Islamic reason for divorce? We have tried many times to stay together but neither one of us are happy. I have talked to many Alimas, Maulanas, sheikhs, etc... and at first, they told us to try and see what happens. That was 5 months ago and both of us are unhappy with one another. Can we have a divorce?
Answer:
Assalamu alaykum
In the name of Allah most gracious most merciful
There are a few things that you can consider at this point.
- One is the consequences of separating. What would happen to the children [if any]in the event of a divorce? Sometimes a couple just have to stay together for the sake of their children.
- What would you do after a divorce? Would you marry again or not? Would you be happier after divorce or would their be many other problems like having to work and support yourself and so on?
- This is in the situation that you are not able to reconcile the differences between you and gain happiness. If there is a possibility of remaining together as husband and wife and fulfilling each other's rights then that for sure would be the best option, since divorce is the most disliked of the permissible actions in Islam.
- If you do not see any other way to resolve the issue then divorce would be permissible in this case. Let us look at the following hadith related by Imam Bukhari on the authority of 'Abdullah ibn 'Abbas radhiyallahu anahu:
The wife of Thabit ibn Qays came to the Messenger of Allah (upon him be peace) and said, "O Messenger of Allah, I do not have any complaints about Thabit ibn Qays in regards to any issue of character or religion. However, I dislike unbelief [kufr] in Islam. The Messenger (upon him be peace) asked her is she was prepared to return his orchard to him [that he had given to her as marriage payment]. She agreed, so the Messenger (upon him be peace) told him to accept the orchard and grant her one divorce.
She articulated her feelings of not wishing to stay with him any longer and wanting separation in the following terms "However, I dislike unbelief [kufr] in Islam," meaning that since there is no love between us, I do not want it to lead to disobeying him or anything else that may come there off.
She did not have any other complaint against him which she made clear, but the bond was just not present, so the Messenger (upon him be peace) told her she could seek a divorce. This is because Islam does not force people to remain together if there are valid reasons for separation.
Hence, if you feel that your situation is also such that despite having exhausted all methods of reconciliation you are just unable to be together, then divorce would be an option.
And Allah knows best
Wassalam
(Mufti) Abdurrahman ibn Yusuf
Jazakullah Khairun
