Why is a woman's request for divorce without cause considered a sin, while it is deemed permissible or reprehensible for a man, even though a woman is more harmed by divorce financially, socially, and psychologically than a man? Is it permissible for a man to toy with divorce without punishment? And what is the authenticity of the hadith: "May Allah curse every man who frequently tastes divorce"?
A woman is not permitted to seek divorce (Talaq) or annulment (Khul') except for a valid reason. If she does so without a hardship (ba's), the Prophet, peace and blessings be upon him, warned her that "the scent of Paradise will be forbidden to her." A severe warning was also reported regarding women who seek Khul', stating that those who seek annulment are hypocrites. Hardship (ba's) here refers to difficulty and hardship, such as a husband's ill-treatment or his unattractiveness, to the extent that she fears she might not fulfill her husband's rights. As for a man, he is not permitted to issue a divorce without need, and it is disliked (makrooh), and may even be forbidden (haram) according to some scholars; for it involves ingratitude for the blessing of marriage and the removal of the benefits of marriage without necessity. No warning similar to that given for women has been reported concerning men. The reason for this is that a man usually has deterrents that prevent him from divorcing, unlike a woman who might seek divorce for the slightest problem. A Muslim must believe in Allah's justice and wisdom in His legislations.
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- Original fatwa ID
- 7768
- Imported
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- Source text, unreviewed
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