Some of the Reasons For Divorce
الفئة: Islamic Rulings

Some of the Reasons For Divorce


Question :

What are the causes of divorce in the view of Your Eminence?


Answer:

There are many reasons for divorce, including lack of harmony between the husband and wife, if one of them does not love the other, or neither of them loves the other. Another reason is the ill-nature of the wife or lack of obedience towards her husband in what is reasonable. Still another reason is the ill-nature of the husband and his injustice towards his wife and lack of fairness to her. Another reason is his inability to fulfill her rights, or her inability to fulfill his rights. And among them is the occurrence of acts of disobedience by one of them, or both of them, such that the situation between them deteriorates, until the end result is divorce. Another cause is the husband taking intoxicants or smoking, or the wife doing so. Yet another cause is a bad situation between the wife and the husband's parents, or one of them, and not using wise treatment (of each other) or one of them. And among them is the woman's lack of regard for cleanliness, and wearing nice clothing for the husband, a pleasant odor, good speech and a friendly smile when meeting and being together.


Question :

Among the causes of divorce, O Eminent Shaikh, is the husband's failure to see his wife before consummating the marriage with her, although the Islamic Law has permitted this. What comment does Your Eminence haveThe Book of Divorce regarding this matter?


Answer:

There no doubt that the husband not seeing the wife before the wedding might be a reason for divorce if he finds her to be different from the way she was described to him. This is why Allah, Most Glorified has legislated for the groom to see the woman before the marriage when he able to do so. The Prophet ﷺ said:

"If one of you proposes to a woman, if he is able to see enough of her to encourage him to marry her, then he should do so."

Narrated by Ahmad and Abu Dawud with a Hasan chain of narrators and authenticated by Al-Hakim from the Hadith of Jabir, may Allah be pleased with him.

Ahmad, At-Tirmithi, An-Nasa'i and Ibn Majah narrated that Al- Mughirah bin Shu'bah, may Allah be pleased with him, proposed to a woman, and the Prophet ﷺ said:
"Look at her, for that is more appropriate in order that there may he good relations between you."

In his Sahih, Muslim narrated, on the authority of Abu Hurairah, may Allah be pleased with him, that a man mentioned to the Messenger of Allah that he had proposed to a woman and he said to him:
"Have you looked at her?"

These Hadiths and others which carry the same meaning all prove the legality of looking at the woman to whom marriage is proposed before making the contract of marriage, because that is more likely to bring success and a good result. This is one of the merits of the Islamic Law, bringing everything of goodness for the creatures and happiness for the society in this life and in the Hereafter. Most Glorified is He Who legislated it, perfected it, and made it like the ship of Nuh-whoever stood firm upon it will be saved, and whoever departed from it will be destroyed.


Source:
Ibn Baz
Fatawa Islamiyah, Vol. 6 Pages 24-25-26

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الفئة: Islamic Rulings
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