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One sided divorce

Q:

Salam
My brother wants to divorce his wife who he hasn’t been getting along with at all. They’ve tried to make it work by giving it some time and even involving mediation by senior family members on both sides. But to no avail. He is tired of her hot temperament which she cannot contain. There are other unresolved issues too. This has made him very unhappy with life. They have no kids. And they’ve also recently separated.

My brother feels that he deserves to live a happy life by perhaps finding a more compatible woman and she also gets a chance to find someone more compatible with her in future. There’s no use dragging an unhappy marriage. She is obviously also unhappy in this marriage due to vast differences in temperament.

The problem is, when my brother mentions divorce to her, she starts cursing him that Allah will punish him for doing it. My brother is afraid of hurting her sentiments and that Allah may get angry with his action. However, even if he thinks of staying with her, he feels he will lead a suffocated existence with her. Second marriage in presence of current wife, is not an option.

Kindly guide in respect of huqooq al-libaad.

Regards

A:

Alaykum Salaam

They should see a counsellor in the first instance who can give them objective advice on their marriage, and counsel them on what needs to change to make it work Inshallah..

However, if these changes do not happen, and there is no chance of the marriage continuing despite honest attempts, then divorce is the option that God has allowed. And there is no punishment for either party, except if Zulm occurs before, during or after the process.

Kind regards

Abbas Jaffer