isn't haraam for a women to ask her husband to divorce her without a reason......just wondering
As Salamu Alekum sister
I found one fatwa about this, but unfortunatly it's in arabic only
http://www.islamqa.com/index.php?ref=117185&ln=ara&txt=الطلاق بدون عذر
I'll try to translate the important part of it:
I denotes that it's UNALLOWED for a woman to ask for a divorce or Khul' FOR NO REASON, as there's a Hadith narrated by Abu Dauud (2226), Al-Termedhy (1187), Ibn Majah (2055) that Thwban (Radya Allahu 'anho) said that prophet Muhammad
said:
"Whomever a woman asked her husband for divorce without a reason, then she'll not be able even to smell the scent of Al Jannah (the paradise)"
روى أبو داود (2226) والترمذي (1187) وابن ماجه (2055) عَنْ ثَوْبَانَ رضي الله عنه قَالَ : قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : ( أَيُّمَا امْرَأَةٍ سَأَلَتْ زَوْجَهَا طَلاقًا فِي غَيْرِ مَا بَأْسٍ فَحَرَامٌ عَلَيْهَا رَائِحَةُ الْجَنَّة ) صححه الألباني في صحيح أبي داود .
Yet, whenever there's a reason, the woman undoubtedly has the right to ask for divorce or khul', like in the well know Hadith of Imam Bukhari:
The wife of Thaabit ibn Qays ibn Shammaas (may Allaah be pleased with him) came to the Prophet (peace and blessings of Allaah be upon him) and said, “O Messenger of Allaah, I do not find any fault with Thaabit ibn Qays in his character or his religious commitment, but I do not want to commit any act of kufr after becoming a Muslim.” The Prophet (peace and blessings of Allaah be upon him) said to her, “Will you give back his garden?” Because he had given her a garden as her mahr. She said, “Yes.” The Prophet (peace and blessings of Allaah be upon him) said to Thaabit: “Take back your garden, and divorce her.”
(Narrated by al-Bukhaari, 5273).
By 'any act of kufr', she meant doing anything that is against Islam like hating her husband, disobaying him, being unable to fulfil his right, etc..
"stated in Fath El Bary (9/400)"
And here are some reasons for which a woman can ask for divorce:
Examples of acceptable reasons for asking one’s husband for khula’
Question:
Is it possible for the wife to get a khula even if the husband will not agree to it? Can you mention some reasons ?.
Answer:
Praise be to Allaah.
I put this question to our Shaykh ‘Abd-Allaah ibn ‘Abd al-Rahmaan ibn Jibreen, and he answered as follows:
If a woman dislikes her husband’s treatment of her – for example, he is over-strict, hot-tempered or easily-provoked, or gets angry a lot, or criticizes her and rebukes her for the slightest mistake or shortcoming, then she has the right of khula’ [female-instigated divorce].
If she dislikes his physical appearance because of some deformity or ugliness, or because one of his faculties is missing, she has the right of khula’.
If he is lacking in religious commitment – for example, he doesn’t pray, or neglects to pray in jamaa’ah, or does not fast in Ramadaan without a proper excuse, or he goes to parties where haraam things are done, such as fornication, drinking alcohol and listening to singing and musical instruments, etc. – she has the right of khula’.
If he deprives of her of her rights of spending on her maintenance, clothing and other essential needs, when he is able to provide these things, then she has the right to ask for khula’.
If he does not give her her conjugal rights and thus keep her chaste because he is impotent (i.e. unable to have intercourse), or because he does not like her, or he prefers someone else, or he is unfair in the division of his time [i.e., among co-wives], then she has the right to ask for khula’.
And Allaah knows best.
Shaykh ‘Abd-Allaah ibn ‘Abd al-Rahmaan ibn Jibreen
