Wife’s Right to Seek Divorce Due to Husband’s Oppression and Forcing Sin
Source: Fatāwā Rāshidiyyah, p. 458
❀ Question
The scholars of Islam were asked:
Hājū bint Dīn Muḥammad stated that her husband, Muḥammad Ṣiddīq, forces her to drink alcohol and sends her to non-maḥram men for sinful acts. If she refuses, he punishes her and still forces her. She is extremely distressed by these matters and wishes to terminate the marriage. According to Sharīʿah, does a woman have the right to seek divorce in such a situation?
❀ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
It must be clarified that if the husband is immoral and compels his wife into such evil acts, the wife indeed has the right to seek divorce.
As narrated:
((عن سعيد بن المسيب رضى الله عنه فى الرجل لا يجد ما ينفق على إمرأته قال يفرق بينهما.))
(Bukhārī: via Sunan Saʿīd ibn Manṣūr, vol. 2, p. 55)
And another ḥadīth states:
((لاضرر ولا ضرار.))
(Ibn Mājah, Kitāb al-Aḥkām, Bāb Man Banā Fī Ḥaqqihi Mā Yaḍurru Bijārihi, ḥadīth no. 2341)
From these aḥādīth, it is proven that if the husband is harmful, abusive, or compels his wife into unlawful acts, then separation between the husband and wife shall be carried out.
ھذا ما عندی واللہ أعلم بالصواب
