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Wife Wants To Divorce Her Husband Due to His Porn Addiction

Answered as per Hanafi Fiqh by DarulIftaBirmingham

Answered by: Alimah Aabedah Khatun

Question:

I want to get divorced due to my husbandโ€™s porn addiction. The last Muslim counsellor advised me to go into separation rather than divorce to give my husband a last-est chance to fix himself. If you can please advise as to how I can go about this.

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

In Islam a person is either married or not married, โ€˜separationโ€™ is done by the husband and wife mutually agreeing to each other to spend a bit of time alone or away from each other.

However, this cannot go on for a long time as Allah has said in the Quran:

ููŽุฅูู…ู’ุณูŽุงูƒูŒ ุจูู…ูŽุนู’ุฑููˆูู ุฃูŽูˆู’ ุชูŽุณู’ุฑููŠุญูŒ ุจูุฅูุญู’ุณูŽุงู†ู

Then, either keep [her] in an acceptable manner or release [her] with good treatment

(Surah Baqarah โ€“ verse 229)

The husband should keep her within the marriage and treat her well (by fulfilling her rights) or he should let go of her, if he is unable to retain her then he should let go, if he does not then the case should be sent to an Islamic court or shariah council to cause a separation between the spouses.

ุฃูŽู…ูŽุฑูŽ ุนูŽุฒูŽู‘ ูˆูŽุฌูŽู„ูŽู‘ ุจูุงู„ู’ุฅูู…ู’ุณูŽุงูƒู ุจูุงู„ู’ู…ูŽุนู’ุฑููˆููุŒ ูˆูŽู‚ูŽุฏู’ ุนูŽุฌูŽุฒูŽ ุนูŽู†ู’ ุงู„ู’ุฅูู…ู’ุณูŽุงูƒู ุจูุงู„ู’ู…ูŽุนู’ุฑููˆููุ› ู„ูุฃูŽู†ูŽู‘ ุฐูŽู„ููƒูŽ ุจูุฅููŠููŽุงุกู ุญูŽู‚ูู‘ู‡ูŽุง ูููŠ ุงู„ู’ูˆูŽุทู’ุกูุŒ ูˆูŽุงู„ู†ูŽู‘ููŽู‚ูŽุฉูุŒ ููŽุชูŽุนูŽูŠูŽู‘ู†ูŽ ุนูŽู„ูŽูŠู’ู‡ู ุงู„ุชูŽู‘ุณู’ุฑููŠุญู ุจูุงู„ู’ุฅูุญู’ุณูŽุงู†ูุŒ ููŽุฅูู†ู’ ููŽุนูŽู„ูŽุŒ ูˆูŽุฅูู„ูŽู‘ุง ู†ูŽุงุจูŽ ุงู„ู’ู‚ูŽุงุถููŠ ู…ูŽู†ูŽุงุจูŽู‡ู ูููŠ ุงู„ุชูŽู‘ุณู’ุฑููŠุญูุŒ ูˆูŽู‡ููˆูŽ ุงู„ุชูŽู‘ูู’ุฑููŠู‚ู

(Badai Sinai โ€“ volume 3 โ€“ page 603)

Only Allah knows best.

Written by Alimah Aabedah Khatun

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.