A Woman Asking For A Divorce From Her Husband Who Is Addicted To Drugs
Islamic Rulings -
Living Shariah Verdicts
Islamic Questions & Answers
Is it
permissible for a woman to ask for divorce from her
husband who is addicted to taking drugs?
Praise be to Allaah.
The basic
principle is that it is not permissible for a woman to
ask for divorce unless there is a reason for that. The
Messenger of Allaah (Peace And Blessings Of Allaah Be
Upon Him) said: "Any woman who asks her husband for a
divorce with no reason, the fragrance of Paradise will
be forbidden to her." Narrated by Ahmad (21874), Abu
Dawood (2226) and al-Tirmidhi (1187); classed as
saheeh by al-Albaani in Irwa' al-Ghaleel (2035).
And the words "with no reason" mean without there
being any hardship that compels her to ask for a
divorce.
Al-Haafiz Ibn Hajar (may Allaah have mercy on him)
said in Fath al-Baari:
The reports which warn women against asking for
divorce from their husbands are to be understood as
applying to cases where there is no reason for that,
because of the hadeeth of Thawbaan… then he mentioned
the hadeeth quoted above. End quote.
Undoubtedly addiction to drugs is a serious
shortcoming, which harms a woman in both religious and
worldly terms, because there is no guarantee that her
husband will not enter upon her when he is intoxicated
and beat her or revile her, or ask her to do something
at that time which it is not permissible for her to
do.
Such a thing is regarded as an excuse which makes it
permissible for a woman to ask for divorce, but what
the woman should do is be patient with her husband,
and try to set him straight as much as she can. If she
is not able to do that, and she finds that staying
with him will cause her harm, then there is nothing
wrong with asking for divorce in that case.
Shaykh Muhammad ibn 'Uthaymeen (may Allaah have mercy
on him) was asked:
What is the ruling on a woman seeking divorce from her
husband who uses drugs? What is the ruling on her
staying with him? Please note that there is no one who
will provide for her and her children except him.
He replied:
It is permissible for a woman to ask for a divorce
from her husband who is addicted to drugs, because her
husband's condition is not acceptable. In this case,
if she asks for a divorce from him, then the children
should stay with her, if they are younger than seven
years, and the father must spend on them. If she can
stay with him to set him straight by advising him,
then that is better. End quote.
Fataawa al-Mar'ah al-Muslimah (2/745, 746).
And Allaah knows best.
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