Is divorce due to nushuz considered a remedy for a sin committed by one of the spouses, whether the nushuz is from the husband or the wife? And is a nashiz wife who is divorced through khul' considered among those from whom the scent of Paradise is forbidden and who are hypocrites? And does God’s promise of richness from His bounty include the divorced nashiz wife and her husband, as in the case of the husband’s nushuz? And do they both sin by the continuation of nushuz without divorce, with neither of them relinquishing their rights, and their knowledge that this causes sins that could have been avoided by divorce?
The question comprises four issues:
Firstly: Treating the sin of nushuz (disobedience/rebellion by the wife) with divorce ends the nushuz, but it does not absolve the violated rights. Its treatment is through repentance, seeking forgiveness, and obtaining absolution, as the Prophet (peace be upon him) said: "Whoever has wronged his brother concerning his honor or anything else, let him seek his forgiveness today before there is no Dinar or Dirham, and if he has good deeds, they will be taken from him to the extent of his wrongdoing. And if he has no good deeds, then some of his brother's evil deeds will be taken and cast upon him."
Secondly: The threat against a woman who seeks khul' (divorce initiated by the wife) applies to her if she has no valid excuse. However, if her request is due to an excuse, the threat does not apply to her. Accordingly, the hadiths that permit khul' and those that prohibit it can be reconciled by understanding the latter to apply when there is no compelling reason for it.
Thirdly: Allah's promise to enrich both spouses upon divorce due to the wife's nushuz is through Allah's knowledge and wisdom. Allah will enrich each from His abundance by His grace and benevolence, and each will be provided with something better than what they had, as Allah the Almighty says: "Allah will enrich each [of them] from His abundance. And Allah is ever encompassing and wise."
Fourthly: There is no sin upon the disobedient spouses for not divorcing, as the sin lies in the nushuz and injustice themselves. Divorce has different rulings: it can be obligatory, recommended, permissible, disliked, or forbidden.
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- Ftawy
- Original fatwa ID
- 144039
- Imported
- Translation status
- Source text, unreviewed
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