• Social Matters >> Talaq (Divorce)

    Question ID: 3038Country: India

    Title: In the first night I come to know that my wife had physical relation with anyone and she is not seemed ashamed for that.she was somewhat mentally abnormal also she lacks the qualities to be a faithful and good wife.Beside this I was not physically satisfied with her, but she was satisfied with me. Are these grounds are well enough to give her divorce?

    Question: In the first night I come to know that my wife had physical relation with anyone and she is not seemed ashamed for that.she was somewhat mentally abnormal also she lacks the qualities to be a faithful and good wife.Beside this I was not physically satisfied with her, but she was satisfied with me. Are these grounds are well enough to give her divorce?

    Answer ID: 3038

    Bismillah hir-Rahman nir-Rahim !

    (Fatwa: 159/159/L)

     

    According to Shariah giving talaq (divorce) is not wajib (necessary) until the couples are in such a conflict in which they are unable to render their duties and obligations. Thus, the reasons mentioned above do not suffice for giving divorce:

    لایجب علی الزوج تطلیق الفاجرۃ ولا علیھا تسریح الفاجر الا اذا خافا ان لا یقیما حدود اللہ فلا باس ان یتفرقا (الدر المختار مع الشامی: 4/144)

    Allah (Subhana Wa Ta'ala) knows Best

    Darul Ifta,

    Darul Uloom Deoband, India