What are the rights of the wife and children, in terms of financial support (nafaqah) and dowry (mahr), resulting from divorce, given that the wife has no family in her current country of residence and cannot return to her home country?
The husband should appreciate his wife's kindness and not divorce her merely because he wishes to marry another. Instead, he should pursue marriage without divorce, especially since the questioner has already suggested this to him. There is no consideration for a law that prohibits what Allah has legislated. Divorce is disliked when there is no need for it; indeed, some scholars have gone as far as to deem it forbidden, citing the words of Ibn Qudamah: "Divorce without need is disliked... because it harms himself and his wife, and it destroys the benefit that exists for them without necessity, thus it is forbidden, like squandering wealth, and because of the Prophet's (peace be upon him) saying: 'There should be neither harming nor reciprocating harm.'" Both spouses must live together amicably and each fulfill their rights towards the other.
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- Original fatwa ID
- 160897
- Imported
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- Source text, unreviewed
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