❖ Can a Judge Dissolve the Marriage Due to Husband’s Inability to Provide Financial Support?
Written by: Imran Ayub Lahori
When a husband is unable to provide financial maintenance (nafaqah) to his wife, can the Islamic judge (ḥākim) intervene and dissolve the marriage?
This is a matter of juristic disagreement, and scholars have expressed two major opinions.
Some scholars maintain that if a husband fails to provide financial support, and it results in harm to the wife, then the ḥākim has the right to annul the marriage.
Qur'ān:
"وَلَا تُضَارُّوهُنَّ"
“And do not harm them [your wives].”
[Sūrat al-Ṭalāq: 6]
"وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ"
“Live with them in kindness.”
[Sūrat al-Nisāʾ: 19]
"وَلَا تُمْسِكُوهُنَّ ضِرَارًا"
“Do not retain them to cause harm.”
[Sūrat al-Baqarah: 231]
Prophetic Statement:
"لَا ضَرَرَ وَلَا ضِرَارَ"
“Do not inflict harm, nor reciprocate harm.”
[Ṣaḥīḥ Ibn Mājah: 1895; Ṣaḥīḥah: 250; Ibn Mājah: 2340; Bayhaqī: 10/133; Musnad Aḥmad: 5/326]
Narration from the Prophet ﷺ:
"يُفَرَّقُ بَيْنَهُمَا"
“They (husband and wife) shall be separated.”
[al-Dāraqutnī: 3/297; al-Bayhaqī: 7/470]
This is in reference to a man who cannot provide nafqah for his wife.
Imām al-Shawkānī (رحمه الله) and Nawwāb Ṣiddīq Ḥasan Khān (رحمه الله) also hold this opinion.
They regard dissolution (tafrīq) as a rightful judicial recourse in such cases.
Opposing scholars believe that marriage should not be dissolved in this case. Instead, the wife should be advised to exercise patience, because the husband is only obligated to provide maintenance within his means.
The Prophet ﷺ was asked about a husband's duty to his wife, and he said:
"Feed her when you eat, and clothe her when you clothe yourself."
[Ḥasan Ṣaḥīḥ: Sunan Abū Dāwūd: 1870, 2142]
The underlying meaning is that if the man himself is unable to eat or clothe, he is not liable to provide for his wife either.
Hence, obligation of maintenance is conditional upon ability—and if there is no ability, then no dissolution should occur.
Ibn Ḥazm (رحمه الله) supports this view strongly.
[al-Muḥallā: 10/109]
Shaykh al-Albānī (رحمه الله) also concurs with this position.
[al-Taʿlīqāt al-Raḍiyyah ʿalā al-Rawḍah al-Nadiyyah: 2/259]
While both positions are supported, the opinion allowing judicial annulment appears stronger, especially in light of:
– Qur’ānic principles of avoiding harm,
– The maʿrūf (kindness and justice) imperative in marriage,
– And the ḥadīth: "فُرِّقَ بَيْنَهُمَا".
This provides relief and fairness to the woman when continued marriage causes emotional or material suffering due to poverty.
Written by: Imran Ayub Lahori
Summary of the Issue
When a husband is unable to provide financial maintenance (nafaqah) to his wife, can the Islamic judge (ḥākim) intervene and dissolve the marriage?
This is a matter of juristic disagreement, and scholars have expressed two major opinions.
View 1: Dissolution is Permissible Due to Harm
Some scholars maintain that if a husband fails to provide financial support, and it results in harm to the wife, then the ḥākim has the right to annul the marriage.
◈ Supporting Evidences:
Qur'ān:"وَلَا تُضَارُّوهُنَّ"
“And do not harm them [your wives].”
[Sūrat al-Ṭalāq: 6]"وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ"
“Live with them in kindness.”
[Sūrat al-Nisāʾ: 19]"وَلَا تُمْسِكُوهُنَّ ضِرَارًا"
“Do not retain them to cause harm.”
[Sūrat al-Baqarah: 231] Prophetic Statement:"لَا ضَرَرَ وَلَا ضِرَارَ"
“Do not inflict harm, nor reciprocate harm.”
[Ṣaḥīḥ Ibn Mājah: 1895; Ṣaḥīḥah: 250; Ibn Mājah: 2340; Bayhaqī: 10/133; Musnad Aḥmad: 5/326] Narration from the Prophet ﷺ:"يُفَرَّقُ بَيْنَهُمَا"
“They (husband and wife) shall be separated.”
[al-Dāraqutnī: 3/297; al-Bayhaqī: 7/470]This is in reference to a man who cannot provide nafqah for his wife.
Imām al-Shawkānī (رحمه الله) and Nawwāb Ṣiddīq Ḥasan Khān (رحمه الله) also hold this opinion.They regard dissolution (tafrīq) as a rightful judicial recourse in such cases.
View 2: No Dissolution – Instead, Encourage Patience
Opposing scholars believe that marriage should not be dissolved in this case. Instead, the wife should be advised to exercise patience, because the husband is only obligated to provide maintenance within his means.
◈ Supporting Hadith:
The Prophet ﷺ was asked about a husband's duty to his wife, and he said:
"Feed her when you eat, and clothe her when you clothe yourself."
[Ḥasan Ṣaḥīḥ: Sunan Abū Dāwūd: 1870, 2142] The underlying meaning is that if the man himself is unable to eat or clothe, he is not liable to provide for his wife either. Hence, obligation of maintenance is conditional upon ability—and if there is no ability, then no dissolution should occur. Ibn Ḥazm (رحمه الله) supports this view strongly. [al-Muḥallā: 10/109] Shaykh al-Albānī (رحمه الله) also concurs with this position. [al-Taʿlīqāt al-Raḍiyyah ʿalā al-Rawḍah al-Nadiyyah: 2/259]
Summary of the Two Views:
| Opinion | Scholars | Summary |
|---|---|---|
| Dissolution is allowed | ʿUlamā’ supporting harm-based annulment (e.g., al-Shawkānī, Ṣiddīq Ḥasan Khān) | If the husband cannot provide and this harms the wife, then the judge may annul the marriage |
| No dissolution | Ibn Ḥazm, al-Albānī | The husband is only obligated to provide what he can afford; no annulment if he is genuinely unable |
⚖ Preferred Opinion:
While both positions are supported, the opinion allowing judicial annulment appears stronger, especially in light of:
– Qur’ānic principles of avoiding harm,
– The maʿrūf (kindness and justice) imperative in marriage,
– And the ḥadīth: "فُرِّقَ بَيْنَهُمَا".
This provides relief and fairness to the woman when continued marriage causes emotional or material suffering due to poverty.
