Prohibition of Women Seeking Divorce Without Valid Reason

❖ Seeking Divorce Without Reason is Forbidden for Women​


Written by: ʿImrān Ayyūb Lāhorī


❀ Ḥadīth Evidence​


It is narrated from Thawbān رضي الله عنه that the Messenger of Allah ﷺ said:


"Any woman who asks her husband for divorce without a valid reason:


فحرام عليها رائحة الجنة

"The fragrance of Paradise will be forbidden for her."


[Ṣaḥīḥ: Abū Dāwūd 1947, 2262; Ibn Mājah 2055; Tirmidhī 1187; Aḥmad 5/277]


❀ Explanation​


  • Khulʿ, according to the sounder opinion, is fasakh al-nikāḥ (annulment of marriage), not ṭalāq.
  • Rujūʿ (taking back) applies only in divorce, not in fasakh.
  • In khulʿ, the woman pays compensation (the release price), which removes the husband’s right of return.
  • After khulʿ, the woman becomes independent; however, if she wishes, after observing her ʿiddah, both spouses may remarry with a new nikāḥ contract.
 
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