If a Husband Divorces His Wife Without Following the Steps of Reconciliation Mentioned in the Quran, Is This Sinful in the Sight of Allah?
Answered by Shaykh Irshaad Sedick
Question
If a husband divorces his wife without warning, explanation, or following the steps of reconciliation mentioned in the Quran, is this an unjust use of his right and sinful in the sight of Allah?
Answer
In the Name of Allah, the Most Merciful and Compassionate. May Allah alleviate our difficulties and guide us to what pleases Him. Amin.
In Islam, a husband has the right to divorce his wife with or without warning, with or without explanation, or even without following the reconciliation methods mentioned in the Quran.
Allah (Most High) says, “Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with kindness.” [Quran, 2:229]
However, Islam does not encourage this. In fact, the divorce ruling is that it is the most detested permissible thing by Allah. It is permissible, but detested.
The Prophet (Allah bless him and give him peace) said, “Of all the lawful acts, the most detestable to Allah is divorce.” [Ibn Maja, Abu Dawud]
Shaykh Nuh Keller says, “Our shaykh, Bajuri, says the meaning of permissible in the hadith is offensive, since it is permissible, meaning lawful, though detested by Allah.” [Keller, Reliance of the Traveller]
Would he be considered unjust in his use of divorce or sinful? He may be sinful if he gives a divorce in a manner other than that which is prescribed in Sacred Law. This means that he divorces his wife either while she has her menses or during a clean period in which he had intimate relations with her. If this is not the condition of his divorce, then he would not be sinful for such a divorce. Either way, the divorce is valid. And Allah knows best. [Shirbini, Mughni al-Muhtaj]
I pray this is of benefit and that Allah guides us all.
[Shaykh] Irshaad Sedick
Checked and Approved by Shaykh Faraz Rabbani
Shaykh Irshaad Sedick was raised in South Africa in a traditional Muslim family. He graduated from Dar al-Ulum al-Arabiyyah al-Islamiyyah in Strand, Western Cape, under the guidance of the late world-renowned scholar Shaykh Taha Karaan (Allah have mercy on him), where he taught.
Shaykh Irshaad received Ijaza from many luminaries of the Islamic world, including Shaykh Taha Karaan, Shaykh Muhammad Awama, Shaykh Muhammad Hasan Hitu, and Mawlana Abdul Hafeez Makki, among others.
He is the author of the text “The Musnad of Ahmad ibn Hanbal: A Hujjah or not?” He has been the Director of the Discover Islam Centre, and for six years, he has been the Khatib of Masjid Ar-Rashideen, Mowbray, Cape Town.
Shaykh Irshaad has fifteen years of teaching experience at some of the leading Islamic institutes in Cape Town. He is currently building an Islamic podcast, education, and media platform called ‘Isnad Academy’ and has completed his Master’s degree in the study of Islam at the University of Johannesburg. He has a keen interest in healthy Prophetic living and fitness.
