Ruling on a Woman Asking for a Divorce from Her Husband


Question:


If a couple differs in their Islamic perceptions. One who grow up in the West and the other in the East. And they quarrel constantly and can't come to an agreement. At what point is talaq considered? Is it wrong for a sister to ask for talaq? Will she be punished on the Day of Judgment? Does the Arsh of Ar-Rahman shake once talaq is asked for? This is what one sister, growing up the West is being told by her husband from the East.
Jazak Allah khayr for your response.

Answer:

 All Praises are Due to Allah

The  divorce  of  a  Muslimah  from  her  husband  is  an  affair  which  is  loath some  to  Allah  and  not    a praise worthy  event. This  is  due  to the  problems  and  possible  evils.  However, if  there  is  a  situation in the marriage  life  taking  place  between  the  man  and  the  women, due to a defect or defects in one or both of them, such problems of deen, bad character, sickness, or a defect such as being sterile or similar. Then out of the mercy of Allah, seeking divorce is permissible. In this case, it is okay and there is nothing prohibited in seeking a divorce.

The  thing  which   is  prohibited is a wife seeking a divorce from her husband for no reason of the shariah. There is serious promise made for seeking a divorce without a valid reason. It is reported in the hadith of the Prophet (peace and blessings of Allah be upon him), "If a women asks her husband for a divorce, for no reason, then the smell of paradise is forbidden for her". (At-Tirmidhi narrated it. He said this is a hasan hadith. Sunnah At-Tirmidhi #1187.)

The  hadith "marry  and do  not  divorce  for  verily  divorce  causes   the  arsha  (throne  of  Allah) to shake" is also  forged   and  da'eef. (Al Jami As-Sagheer #2429) Allah knows best.


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