| Subject: Re: ill treatment |
Author:
Laila Nasheeba
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Date Posted: 17:46:54 11/11/02 Mon
Author Host/IP: dhcp024-210-245-129.woh.rr.com/24.210.245.129
In reply to:
huda
's message, "ill treatment" on 15:25:41 11/11/02 Mon
As Salaamu Alaikoum,
Praise be to Allah.
The husband should realize that he is a shepherd and is responsible for his flock. Allah has enjoined upon him to treat them in a good and proper manner and to treat his family kindly. Our Prophet (peace and blessings of Allah be upon him) said:
“The best of you is the one who is best towards his wife, and I am the best of you towards my wives.” (Narrated by al-Tirmidhi, 3895; Ibn Maajah, 1977; classed as saheeh by Shaykh al-Albaani in Saheeh al-Jaami, 3314).
It is haraam for the wife to ask for a divorce for no reason, and it is haraam for her to go out of the house for no reason without her husband’s permission. But if she is being harmed as a result of staying in her husband’s house or staying married to him, then she has the right to ask him for a divorce.
She also has the right to leave the house and go to her family so that she can escape from her husband if he is abusing or beating her. The husband has to fear Allaah with regard to what Allah has put him in charge of. The Prophet urged good treatment of women, and Allaah commanded His Messenger SAWS (peace and blessings of Allaah be upon him) to treat people on a reasonable basis.
Whatever the case, if your husband is abusing your then you have the right to seek divorce. Here are other reasons in which a woman may ask to be divorced:
If a woman dislikes her husband’s treatment of her – for example, he is over-strict, hot-tempered or easily-provoked, or gets angry a lot, or criticizes her and rebukes her for the slightest mistake or shortcoming, then she has the right of khula’ [female-instigated divorce].
If she dislikes his physical appearance because of some deformity or ugliness, or because one of his faculties is missing, she has the right of khula’.
If he is lacking in religious commitment – for example, he doesn’t pray, or neglects to pray in jamaa’ah, or does not fast in Ramadaan without a proper excuse, or he goes to parties where haraam things are done, such as fornication, drinking alcohol and listening to singing and musical instruments, etc. – she has the right of khula’.
If he deprives of her of her rights of spending on her maintenance, clothing and other essential needs, when he is able to provide these things, then she has the right to ask for khula’.
If he does not give her her conjugal rights and thus keep her chaste because he is impotent (i.e. unable to have intercourse), or because he does not like her, or he prefers someone else, or he is unfair in the division of his time [i.e., among co-wives], then she has the right to ask for khula’.
AND ALLAH KNOWS BEST
Laila Nasheeba
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