Fiqh is Islamic jurisprudence. Fiqh is an expansion of the Sharia Islamic law—based directly on the Quran and Sunnah
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Post by Aiooshii » Wed Dec 11, 2013 3:54 pm

Here is an example of the question I am seeking a ruling on -

A partners rights are violated in a marriage.
He/She decides to stay with her partner despite that his/her rights are being violated.
Later in the marriage, he/she decides even though things have gotten better, the fact that his/her rights were violated and may still be to some extent, that he/she wants to divorce their partner.

*JUST* as an example (this does not pertain to me or anyone I know)

a husband was cheating on a wife shortly after marriage. she decided to stay for the sake of Allahswt and help him with his issue. a year later, he doesn't cheat, but perhaps when a calamity falls or issue in the marriage arrises he might do it. lets say 2 times in the last 6 months where as it was happening every week before. She decides to divorce, based on it happening before and it happening every once and a while now.

please consider less extreme situations as well.. most women upon reading this would say yes its acceptable to divorce him, but this is just an example. you could also use the example of a wife not being intamite with her husband or a husband hitting his wife.


lets say a husband and wife fight often, and everytime they fight the husband feels so depressed he will not do salah. he is so exaughsted from the relationship he can not find the strength to worship Allah swt. If he thinks that the reason his iman is weak, is because of the marriage should he leave the marriage in attempts to be a better muslim?

If anyone knows any rulings about divorce, specifically pertaining to these two types of situations it would be greatly appreciated if you could share :) JazakAllah Khair!

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Re: Divorce

Post by muslimguy » Sun Dec 29, 2013 10:57 am

AssalamuAlikum, I found you some questions and answers from IslamQa website regarding Divorce. read them and insha'Allah you will find your answer there.

- Is it permissible to ask for divorce from a husband who has haraam relationships with other women?.

- Can she ask for divorce because he is beating her?

- Her husband does not pray and he is treating her badly before consummation of the marriage. Should she ask for a divorce?

- She is a new Muslim and she married a man who she thought was righteous, then he mistreated her. Should she ask him for a divorce?

- Ruling on asking for divorce because of depression


- She asked her husband for a divorce because he mistreated her


- She is asking for a divorce for no reason. Can he take back the mahr?

May Allah benefit you and us with his knowledge. ameen
مَنْ عَمِلَ صَالِحًا مِّن ذَكَرٍ أَوْ أُنثَى وَهُوَ مُؤْمِنٌ فَلَنُحْيِيَنَّهُ حَيَاةً طَيِّبَةً وَلَنَجْزِيَنَّهُمْ أَجْرَهُم بِأَحْسَنِ مَا كَانُواْ يَعْمَلُونَ
"Whoever does righteousness, whether male or female, while he is a believer - We will surely cause him to live a good life, and We will surely give them their reward [in the Hereafter] according to the best of what they used to do."16:97

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