Fatwa n°: 866
Category: fatwas about marriage
Al-Khul`(1) of a woman from a neglectful man of his duties towards Allah
A woman got married, four years ago, to a man who seemed righteous. However, in the last year, he has abandoned salat without any reason, though she advised him many times. So, is it obligatory for her to stay under her husband’s authority if he persists in abandoning salat?
All praise is due to Allah, the Lord of the Worlds. Peace and blessing be upon whom Allah sent as a mercy to the Worlds, upon his Family, his Companions and his Brothers till the Day of Resurrection.
It is recommended for a woman to ask her husband for Al-Khul` if he is neglectful as regards the duties towards Allah; this is in order to leave sins and those who commit sins in accordance with the Prophet’s صلَّى الله عليه وسلَّم saying, “The true emigrant (Muhâjir) is he who abandons all of what Allah عزَّ وجلَّ has forbidden”(2). It is rather obligatory to leave him if he persists in neglecting prayer specially, as it is the center of all the deeds, and this if reminding him about abiding by what Allah عزَّ وجلَّ ordered him to do is in vain, as he committed an act of disbelief whether it is inherent to creed or deed.
The perfect knowledge belongs to Allah. Our last prayer is all praise is due to Allah, the Lord of the Worlds. Peace and blessing be upon our Prophet صلَّى الله عليه وسلَّم, his Family, his Companions and Brothers till the Day of Resurrection.
Algiers, Dhu Al-Qa`da, 14th, 1428 H.
Corresponding to: November, 24th, 2007.
(1) Al-Khul`: (A kind of separation) the parting of a wife from her husband by giving him certain compensation, or to give back the Mahr (bridal-money given to the wife) which he gave her. Translator’s note.
(2) Reported by Al-Bukhâri, chapter of “Faith” (hadith 10), Abu Dâwûd, chapter of “Jihad” (hadith 2483), An-Nassâ'i, chapter of “Faith and its prescriptions” (hadith 5013), Ahmad (hadith 6671) and Al-Humaydi in his “Musnad” (hadith 623) on the authority of `Abd Allâh Ibn `Amr Ibn Al-`Âs رضي الله عنهما.
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