Source: Extracted from the book 500 Questions and Answers for Women based on the fatwas of the scholars of the Two Holy Mosques, translated by Hafiz Abdullah Saleem.
"Any woman who asks her husband for a divorce without a valid reason will be forbidden from even smelling the fragrance of Paradise."
[Sahih Sunan Abu Dawood, Hadith 2226]
"If you fear dissension between them, appoint one arbitrator from his family and one from her family. If they both wish for reconciliation, Allah will cause harmony between them."
[Surah An-Nisa (4:35)]
Hadith:
The Hadith states:"Any woman who asks her husband for a divorce without a valid reason will be forbidden from even smelling the fragrance of Paradise."
[Sahih Sunan Abu Dawood, Hadith 2226]
Explanation:
- Wisdom Behind Divorce Authority for Men:
Since women are described as having a natural inclination of emotional sensitivity (naqis al-aql wa'l-din), as indicated in Islamic teachings, Allah has granted the authority of divorce to men. This is to maintain stability in marital life and prevent impulsive decisions.
- If women had unrestricted control over divorce, they might act impulsively, for instance, leaving their husbands based on fleeting emotions or superficial preferences.
- The Prophet Muhammad (ﷺ) highlighted the importance of balance and patience in marital relationships.
- Implications of Asking for Divorce Without Valid Reason:
When a woman demands a divorce without a valid cause, such as mistreatment or an irreconcilable issue, it reflects ingratitude toward the marriage. The Hadith warns such women with severe consequences: they will be deprived of even smelling the fragrance of Paradise. - Permissibility of Requesting Divorce with Just Cause:
- If a husband engages in mistreatment or negligence, a woman has the right to seek a divorce.
- If a wife genuinely dislikes her husband and finds it unbearable to live with him due to irreconcilable differences, she may request a divorce. In such a case, she can even offer compensation, as seen in the example of the wife of Thabit bin Qais.
The Prophet (ﷺ) asked her:
"Will you return his garden (mahr) to him?"
She agreed, and the Prophet (ﷺ) instructed Thabit to divorce her.
[Sahih al-Bukhari, Hadith 4971]
Resolution of Marital Disputes:
When disputes arise, Allah has provided guidance:"If you fear dissension between them, appoint one arbitrator from his family and one from her family. If they both wish for reconciliation, Allah will cause harmony between them."
[Surah An-Nisa (4:35)]
- Arbitrators from both sides should investigate and mediate to resolve issues. If reconciliation fails, separation can be pursued based on fairness and justice.