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Can a man divorce his wife even though his wife has done nothing wrong? Would my sister be wrong if she marries this man after his divorce.


I hope you’re well.
I would like you to shed light on a serious issue which is currently creating problems in our life.
Here is the story… my sister began talking to a guy two years ago for work help and after a month he started showing interest. As she was reaching age of 30 so she considered him with marriage intentions. During first year, they usually chatted through whatsapp and only met once just for a coffee. Both never crossed any limits set by islam and always spoke respectfully to each other. After a year, my sister found out that he is a married man and got married 7 months before he started talking to my sister. My sister assumed that he was a single man as he was the one who initiated this and he was 24 at that time.
When my sister found out that he is a married man, she distanced herself from him completely. However, its been a year and he doesn’t seem to let go of her. He keeps saying and keeps doing things to tell her that he only loves her and wants to marry her. He plans to divorce his wife in order to marry her as his parents and my parents will not agree to my sister being his second wife and also he cannot financially afford two wives. He keeps saying without my sister he is utterly depressed and unable to function properly. He is always thinking about my sister and what if she gets married to someone else then he won’t be able to bare that.
Before I ask my question, as far we know there is nothing wrong with his wife’s. He doesn’t say why he wants to divorce her so we are not sure of the reason if any.

My question to you mufti is that is it justified that his own infidelity led him to fall in this emotional trap and now his wife who is innocent in all this will be paying the price through divorce? Is he allowed to divorce her even though she has done nothing wrong? Is my sister wrong to marry him after he divorces his wife?

My sister does not want to be a reason for his divorce and she feels that if this guy can cheat on his wife then he will cheat on her too. He keeps saying that he got married at young age 22/23 and his parents arranged his marriage so he didn’t know what he wanted. He keeps saying that my sister is his first love and he plans to have family with her and not his wife.

So my second question to you is that, is it better that he divorces her now as there are no children involved than later? As he is clearly not happy in marriage then its better for him to divorce early than later? Would this be a justification for him divorcing his wife?
Until now, they don’t have any children yet so it will be less difficult to make a fresh start.

My third question, my sister’s old age could justify her getting married to this guy? She also says that she loves him and she is now turning 33 soon. Due to her age, it will very difficult for us to find someone and if things don’t workout between these two then she will not consider anyone for some period. This might results in even more delay and there might be no marriage prospects left for her at that time.

Please mufti kindly respond as soon as possible. We have been going through this difficult period for last two years and do not see the end of all this.

JazakAllah khair Mufti


Wa Alaykumussalam

Thank you for your question

Alhamdulillah we are doing good hope you are in your great health.

  1. First of all, talking with a non mahran isn’t permissible
  2. Divorce is one of the most abhorrent thing in the sight of Allah(swt).

Islam tolerates divorce and separation of a husband and wife under specific conditions; however, Islam regards divorce as abhorrent and reprehensible. Thus, it has been censured in Hadith. Imam Sadiq(as) has said:

عن أبی عبدالله (ع) قال: إنَّ الله عزّ و جلّ یحبّ البیت الذی فیه العرس، و یبغض البیت الذی فیه الطلاق، و ما من شیء أبغض من الطلاق.

Verily, Allah loves a house in which a wedding is held and hates a house in which a divorce is conducted and there is nothing more hateful than divorce. (Wasa’il ush-Shi‘ah, vol. 22, p. 7)

In another hadith from Imam Sadiq(as) it is narrated:

عن أبی عبدالله (ع) قال: ما من شیءٍ اُحلّه الله أبغض إلیه من الطلاق، و إنّ الله یبغض المطلاق الذّواق

Among that which Allah has made permissible there is nothing He hates more than divorce and Allah hates a man who divorces and marries many women. (Wasa’il ush-Shi‘ah, vol. 22, p. 8)

  1. Although, the husband has the right of divorcing the wife but there should be a genuine reason by which Allah(swt) also becomes happy. Even though, the husband can divorce the wife but remember if it is counted as Zulm(Oppression) on the first wife, he would have to bear the punishment of Allah(swt).

People who want to marry more than one, can keep the first wife and pay their rights but from the ethical(Akhlaq) perspective it is not right to divorce and leave the wives and marry the new ones. We all are accountable for our deeds. If we spoil someone’s life we would have to answer for that.

  1. Delaying the marriage in this era is not at all good as it brings nervous, psychological and spiritual problems. And for the timely marriage it has the advantages such as securing and strengthening true faith and spiritualism, remaining pure from corruption and sexual deviations and…

If you want to justify this person marrying your sister, you have to make sure that the oppression(Zulm) shouldn’t be enforced on the first wife without any reason.

  1. What if this person divorces his first wife and marries your sister and later he starts liking someone else and wants to divorce your sister and marry that girl? So, please keep all these things in consideration and decide accordingly.

Allaho’ A’lam

May Allah(swt) grant you success


Syed Haider