ZonEMvS

Prohibitions in Islam - Page 16

husband for a divorce with no sound reason will be deprived of smelling the fragrance of Paradise.” (Reported by Ahmad, 5.277; see also Sahih Al-Jami’, 2703).

‘Uqbah Ibn ‘Aamir (may Allah be pleased with him) reported that the Prophet (peace and blessings of Allah be upon him) said: “Woman who ask for divorce and women who contend unnecessarily with their husbands are hypocrites.” (Reported by Al-Tabarani in Al-Kabeer, 17/339; see also Sahih Al-Jami’, 1934).

But if there is a sound reason, such as the husband abandoning prayer, drinking or taking drugs, or forcing his wife to do something haram, or oppressing her and making her suffer by denying her the rights granted to her by Islam, and he does not listen to advice to mend his ways, then in this case there is nothing wrong with a woman seeking divorce for her own sake and for the sake of her religion.

Zihaar

One of the expressions of the first Jaahiliyyah that is still widespread in this ummah is the phenomenon of Zihaar, whereby a man says to his wife, “You are to me like the back of my mother,” or “You are as forbidden for me as my sister,” and other similarly ugly statements whose repulsive nature was confirmed by the Sharee’ah, because of the oppression of women involved. Allah referred to this in the Qur’aan (interpretation of the meaning): “Those among you who make their wives unlawful to them by saying to them, ‘You are like my mother’s back,’ they cannot be their mothers. None can be their mothers except those who gave them birth. And verily, they utter an ill word and a lie. And verily, Allah is Oft-Pardoning, Oft-Forgiving.” [Al-Mujaadilah 58:2]

The Sharee’ah has imposed a heavy penalty (kafaarah) for this crime, similar to that required for killing a person by mistake or for having intercourse during the day in Ramzan; the person who has committed Zihaar is not permitted to approach his wife until he has paid this penalty. Allah says (interpretation of the meaning): “And those who make unlawful to them (their wives) (by Zihaar), and wish to free themselves from what they uttered, (the penalty) in that case (is) the freeing of a slave before they touch each other. That is an admonition to you (so that you may not return to such an ill thing). And Allah is All-Aware of what you do.

And he who finds not (the money for freeing a slave) must fast two successive months before they both touch each other. And for him who is unable to do so, he should feed sixty miskeen (poor). That is in order that you may have perfect Faith in Allah and His Messenger. And for disbelievers, there is a painful torment.” [Al-Mujaadilah 58:3-4]

Having intercourse with one’s wife during her period

Allah says (interpretation of the meaning): “They ask you concerning menstruation. Say: that is an adhaa (a harmful thing for a husband to have sexual intercourse with his wife while she is having her menses), therefore keep away from women during menses and go not unto them till they have purified (from menses and have taken a bath)” [Al-Baqarah 2:222]

So a man is not permitted to approach his wife until her period has ended and she has taken a bath (ghusl). Allah says (interpretation of the meaning): “And when they have purified themselves, then go in unto them as