Is a wife sinful for seeking divorce due to the severe harm inflicted upon her and her children by her husband's negligence, her hatred for him, and her desire to return to her homeland, fleeing with her religion and children from the land of disbelief?

The Sunan compilers narrated a hadith (definition) from the Prophet, peace and blessings be upon him, who said: "Any woman who asks her husband for divorce without any compelling reason, the scent of Paradise will be forbidden to her." The meaning of "without any compelling reason" is without a hardship that compels her to ask for separation. Allah Almighty has legislated arbitration to resolve disputes between spouses, as He says: "And if you fear dissension between the two, send an arbitrator from his people and an arbitrator from her people. If they both desire reconciliation, Allah will cause agreement between them." [An-Nisa: 35].

Therefore, one must first resort to arbitration while fulfilling marital duties. If that does not work, then one must weigh between the cohesion of the family and the woes of separation, and the severity of the harm that necessitates seeking divorce, such as fear for one's religion. If it is more likely that separation is easier, it is permissible to refer the matter to a Muslim judge to decide what is most appropriate.