Divorce and the steps to take

[Salahudeen]

as it is mention in hadeeth tht she will leave islam boundaries nw if husband n wife fight over some little thng do b cannot brng it as v will cross the limits of islam n nw i need divorce,problems can b solved if both of thm r willing ididnt mention anywhere the word definately will be doomed to hell!!as if u read propely i said Allah will never forgv the rights of human is u hv to make up to thm.try to solve the matter if u dnt even try to solve matter what makes us thnk v will be forgiven?my all point to say is the human rights r very important n thy r nt meant to be neglected never said ths person will be thrwn straight in to hell clearly u need to improve ur ENGLISH!n neither m against divorce but wt v do is just open our mouths n say the divorce words..if a man dnt pray so there is a hadeeth "A wife who will help her husband with his deen will be 70000 more beautifl thn the jannah hoor"my all point about divorce is for little thngs we create such a big scene.if he makes her life dificult so she hv a riht wen did i said she dnt hv?but little patience can change.sum women want divorce bcz thy hv litl difrences r thy hv depression so there is a hadeeth "a women who will ask for divorce without any reason r hypocrate n thy wont smell the fragrance of jannah"jus like our faces r change our thinkings wil be change aswell it dsnt mean v shoud start singing tht i need divorce.before doin divorce v r meant to do MASHWARA mean ask guidance after Allah.counselling is bcz v always think v r right n wen u sit with imam r any wise muslim older experienced person u listen to him r her mite be u realise tht wt i wz doin r thnking was wrong n marrige can be saved.....

Thank you for your opinion but I disagree, it depends on the circumstances and the people involved, divorce may be the best thing to do it may not, it depends on the circumstances. For example if a husband never prays or pratices Islam and doesn't fulfills her rights such as providing for her then the woman has the right to a divorce and there is nothing compelling her to stay with him. It's not her responsibility to make him pray and pratice Islam. The husband is the leader of the family, he is like the shepard and his family are his flock. It's not his wifes burden to make him pratice Islam. The Prophet (peace and blessings of Allaah be upon him) said: “A man is the shepherd of his household and is responsible for his flock.” Narrated by al-Bukhaari (893) and Muslim (182).

And if he doesn't fulfill her rights over him then this is no little thing, these are BIG THINGS, for example if he takes her money and hits her this is a very BIG THING not little thing, the husband is NOT supposed to take his wifes money or hit her, he's meant to treat her nicely and clothe her as well as feed her. Any money she gets his her OWN and her husband has NO rights to it. On top of that if he doesn't pray or pratice Islam this is also BIG THING, many scholars say he is no longer a muslim if he doesn't pray and it's haraam for her to be married to him.

I know of one sister who's husband would shout at her whenever she asked him to pray and follow Islam so she divorced him. A wife can help in deen but if the husband is not even doing the basics to be a Muslim such as the 5 pillars then how is she meant to help some 1 who is not even a Muslim according to the scholars? what if the husband doesn't change no matter how much the wife tries to help him? It really depends on the people involved and their circumstances.



Can she withhold herself from her husband who does not pray?
Can a husband or wife withhold oneself from his or her partner if they do not pray? In other words, is it permissible to demand that your partner pray in order for you to give yourself to them?

Praise be to Allaah.

Indeed it is obligatory for the woman (in this situation) to withhold herself from that intimate relationship, and the opposite also applies [i.e., a man should withhold himself from his wife if she does not pray]. Allaah says (interpretation of the meaning):

“… Likewise hold not the disbelieving women as wives…” [al-Muntahanah 60:10]

It is not permissible for a Muslim woman to stay with a man who does not pray at all or does not pray most of the time; she has to leave him and not stay with him, because he is a kaafir who has gone beyond the pale of Islam. We ask Allaah to keep you safe and sound.

http://www.islam-qa.com/en/ref/5281/husband not praying

So you can see it is no little thing if the husband does not pray, the wife can refuse sex if he does not pray and the scholars advise a woman to leave this man.

here is another answer about a husband who does not pray



Ruling on staying with a husband who does not pray
My husband neglects his religion; he does not fast in Ramadaan and he does not pray, and moreover, he stops me from doing any good deed. He has also started to be so suspicious of me, that he has left his work to stay home so he can watch over me. What should I do?

Praise be to Allaah.

It is not permissible to stay with a husband who is like this, because by neglecting the salaah (prayer) he is a kaafir, and it is not permissible for a Muslim woman to marry a kaafir or stay with him. Allaah says (interpretation of the meaning):

“… if you ascertain that they [women] are true believers, send them not back to the disbelievers, they are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them…” [al-Mumtahinah 60:10]

The marriage between you and him is null and void, and there can be no nikaah (marriage) between you unless Allaah guides him and he repents to Allaah and comes back to Islam. In that case the marriage will remain valid. The husband’s conduct is not correct, and it seems to me that he is suffering from some kind of (mental) illness, namely paranoia and waswaas (insinuating whispers of the Shaytaan) from which some people suffer with regard to their worship and their dealings with others. Nothing will get rid of this sickness but remembering Allaah (dhikr), seeking refuge in Him and putting one’s trust in Him to get rid of it. What matters is that for your part, you have to leave him and not stay with him, because he is a kaafir and you are a believer. With regard to your husband, we advise him to come back to his religion and to seek refuge with Allaah from the accursed Shaytaan, and to try to recite some beneficial du’aa’s with which to rid his heart of this waswaas. We ask Allaah to help him. And Allaah knows best.

From the Fataawa of Shaykh Ibn ‘Uthaymeen, in al-Da’wah magazine, no. 1709, p. 34

http://www.islam-qa.com/en/ref/6257/husband not praying

 

[Snowflake]

Re: Shall i give up on my husband??

Assalamu alaykum,

May Allah ease your affairs brother. Ameen.



Divorce is detestable when there is no need for it. But the ruling varies according to each situation.

Allah, is Merciful and Wise, and in such cases where staying married to your spouse is harmful, then

divorced becomes desirable as sustaining martial bonds causes more harm. The Prophet sallallahu alaihi

wa sallam, said:

"One should not harm others nor should one seek benefit for oneself by causing harm to others."



If a spouse is neither righteous or pious and they do not rectify their mistakes, then divorce even

becomes obligatory. In the case of adultry Ibn Taimiyyah rahimahullah said, "If the wife commits

adultery, then it is not for the husband to keep her. Otherwise he will be considered a cuckold." I'm

assuming that means beghairat. Similarly if the husband is not righteous then it is obligatory for the

wife to ask for divorce, or separate from him by khul.


Divorce is prohibited during the time a wife is in her menses and during the time between her menses if

sexual relations have already taken place. Your wife is mistaken in believing that you cannot divorce her. The prophet (saw) said:


"Divorce belongs only to the one who takes hold of the leg (i.e.) the husband." Allah, Exalted be He says in the Quran:



Giving three divorces at one is prohibited


"Divorce is twice...." (al-Baqarah 229)


"O prophet, when you divorce women, divorce them for the commencement of their waiting period..." (at-Talaq: 1)


"...Then after that either keep her in an acceptable manner or release her with good treatment..." (al Baqarah:229)


The above verses show that divorce is not to be given thrice at once, and that the right to divorce belongs to the man.




Divorce is only not valid when a man is forced to divorce his wife, in oppression, or persecution or in the case of insanity which is not due to taking intoxicants. The prophet (saw) said:

"There is no divorce or emancipation in case of duress." (related by Ahmad, Ibn Majah and Abu Dawud)


Islam acknowledges that divorce brings relief and is a good solution when the wife is harmed by staying in the married, either of the married couple are immoral, disobedient, and irreligious and incompatible.

Allah subhana wa ta 'ala says:

"But if they separate (by divorce), Allah will enrich (each of) them from His abundance. And ever is Allah Encompassing and Wise." (An-Nisa 130)



Brother if you need help to understand the exact process of talaq, inshaAllah I can copy it up for you.



wa alaykum assalam.



P.S. Everything I have posted was in my own words from Shaykh al Fawzaan's, 'A summary of islamic Jurisprudence.' Any mistakes are from me not the author.

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