My Sister is now 55 years and married for last38 years,having one son aged 29 years,with 2 childrens,all staying toghether.My bother in law,aged 56 years,but is diabetic for about last 25 years and not physically fit ? My question here is it permisable for my sister to ask for a divorce on the grounds of medical problems of my brother in law ? my brother in law is maintaining my sister well in all other aspects,but they are having some arguments time and again,which may be the cause of my sisters depression like situation ?Please kindly advise on this matter in view of shariya. jazakumulluah.
Answer:
(Fatwa: 252/56=TL/1430)
Not being physically fit is not a valid reason that allows your sister to demand talaq. Your sister should serve her husband as much as she can. The hadith gives glad tiding of Jannah to such wife (whose husband is happy with her and dies in the same state). On the other hand, a woman demanding talaq without exigent condition has been sternly warned:
أیما امرأۃ سألت زوجھا طلاقا في غیر مابأس فحرام علیھا رائحۃ الجنۃ (مشکاۃ 2:283)
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband