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Divorce as Last Resort

Answered as per Hanafi Fiqh by Askmufti.co.za

Q: Is it a sin to talaq (divorce) my wife if she only listens to her parents always and not me, after staying 5 months with them?

A: The Hadeeth mentions that divorce is the worst of permissible acts. (Kanzul Ummaal V9 P661). Shari’ah even frowns upon a person who divorces for flimsy reasons, so imagine if a person divorces his wife for no reason. This will definitely be sinful and such a person will have to answer in the Divine court. The throne of Allah shudders when a person divorces his wife (Kanzul Ummaal). A person who divorces with no reason is inviting the wrath of Allah Ta’aala. Shaytaan becomes very happy when a man divorces his wife. (Kanzul Ummaal). Divorcing without reason will be even more pleasing to him.

Talaaq is the last resort. Other means of solving the differences should be adopted and there a few means available. If after trying everything and it fails then only should Talaaq be considered.

Moulana Yusuf Laher

This answer was collected from AskMufti.co.za, which is operated under the supervision of Mufti Siraj Desai of Darul-Uloom Abubakr, South Africa.

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