Seeking divorce from a husband who is irreligious

CategoriesDivorce [572]

Fatwa ID: 01493

Answered by Mufti Mohammed Tosir Miah

Question:

Salaam, I have been married to my husband for 4 years, but he does not pray and shows no interest in Islam. I am scared to have children as i dont want them to have a non practising father. I have tried so hard to get my husband to pray just his jumaa, but he misses that 2.he prays once every few months. Do you think I should get divorced? 

Answer:

Bismillah

In the name of Allah, the most Beneficent, the most Merciful.

A true Muslim wife is always obedient to her husband, provided that no sin is involved. She is respectful towards him and is always eager to please him and make him happy. The husband has many rights over the wife and the greatness of these rights can be confirmed by the words of the Prophet of Allah ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him), “No human being is permitted to prostrate to another, but if this were permitted I would have ordered wives to prostrate to their husbands, because of the greatness of the rights they have over them.” (Musnad Ahmad & Musnad Bazzar)

Saaidah Aishah raḍyAllāhu 'anha (may Allāh be pleased with her) asked the Prophet of Allah ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him), “Who has the greatest rights over a woman?” He said, “Her husband.” She asked, ‘And who has the greatest rights over a man?” He said, “His mother.” (Majmauz Zawaaid p.308 v.4)

A Muslim wife should help her husband to be of good character, by displaying different types of intelligence, cleverness and alertness in the way she deals with him. This opens his heart to her and makes him fond of her.  Obedience to her husband is one of the things that may lead her to Paradise, as the Prophet of Allah ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) said: “If a woman prays her five daily prayers, fasts her month (of Ramadan), obeys her husband and guards her chastity, then it will be said to her: ‘Enter Paradise by whichever of its gates you wish.” (Musnad Ahmad & Tabraani)  

Saaidah Umm Salamah raḍyAllāhu 'anha (may Allāh be pleased with her) narrates that Prophet of Allah ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) said, “Any woman who dies, and her husband is pleased with her, will enter Paradise.” (Sunan Ibn Majah p.133 v.1)

The upshot of the aforementioned information is to show that the wife could play an integral role in reforming her husband. If the husband has some bad habits like not praying Salah, she should try her best to change her husband with whichever means at her disposal. Sometimes a threat of a separation or khula may lead to some changes in the husband.

However, she should be careful that this approach should not cause her husband to further delve into sins and missing Salah.  The wife should also advise and get others to advise and encourage him. Allah states "and continue offering advice for offering advice is beneficial to the believers." (Surah Zariyaat v.55)

My humble opinion will be try to implement the things I mentioned above and in a loving and caring way try to change your husbands ill deeds. Finally, I will conclude by mentioning a hadith reported by Saaiduna Ibn Umar raḍyAllāhu 'anhu (may Allāh be pleased with him) that the Prophet of Allah ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) said, “In the sight of Allah subḥānahu wa ta'āla (glorified and exalted be He), the worst of all halal (lawful) acts is Talaq.” (Sunan Ibn Majah p146 v.1)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

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