{"fatawa":{"id":13007,"title":"Should she ask for a divorce from her husband who does not pray regularly and does not give her her rights?","slug":"should-she-ask-for-a-divorce-from-her-husband-who-does-not-pray-regularly-and-does-not-give-her-her-rights","order":"","question":"<p>A young man came to propose marriage to me who is of a lower educational  status than me, and he only got his high-school diploma, whereas I am  at university, so I refused. His mother claimed that he has a diploma in  English, then after that I found out that he does not know any English  at all. She said that he is employed with a salary of 4000 riyals, and  that this salary would be enough because his grandfather would give him  an apartment as a gift. The marriage went ahead, but after that I found  out that he owes debts to the bank which is deducted from his salary,  and he gives me only 100 riyals per month. Three months ago he left his  job and has not found another job. We have not moved to the apartment  that his grandfather gave him even though it is now one year and four  months since we got married, because he cannot spend on me. Rather we  are living with his family. In addition to that he is heedless with  regard to prayer and he only prays when I ask him to. He also very fat  which prevents me from finding any pleasure with him. He does not pay  any attention to personal hygiene and I am put off by him.<\/p>","answer":"<div class=\"list-group-item-text ftwa-single-answer font-nrmal\"><span class=\"line_height\"> Praise be to Allaah.\r\n<p>Marriage is      one of the signs and blessings of Allaah, in which both spouses find peace,      companionship, love and compassion, as well as keeping themselves chaste and      producing righteous children to populate the earth in accordance with the      laws of Allaah. Allaah says (interpretation of the meaning):&nbsp;<\/p>\r\n<p><em>&ldquo;And      among His Signs is this, that He created for you wives from among      yourselves, that you may find repose in them, and He has put between you      affection and mercy. Verily, in that are indeed signs for a people who      reflect&rdquo;<\/em><\/p>\r\n<p><em>[al-Room      30:21]<\/em>&nbsp;<\/p>\r\n<p>These are      the purposes for which marriage has been prescribed. If these aims are not      achieved, then divorce is a means that is permitted in Islam, in order for      the spouses to move onto a new marriage in which they may attain the aims      and purposes of marriage.&nbsp;<\/p>\r\n<p>What you      have mentioned makes it permissible for you to ask for divorce. Al-Tirmidhi      (1187) narrated that the Messenger of Allaah  (peace and blessings of      Allaah be upon him) said: &ldquo;Any woman who asks her husband for a divorce      without a reason, the fragrance of Paradise will be forbidden to her.&rdquo; This      hadeeth was classed as saheeh by al-Albaani in <em>Saheeh al-Tirmidhi<\/em>.&nbsp;<\/p>\r\n<p>The phrase      &ldquo;without a reason&rdquo; means without any hardship that makes her ask for a      separation.&nbsp;<\/p>\r\n<p>Shaykh Ibn      Baaz (may Allaah have mercy on him) said: The wife should behave in a      reasonable manner and listen to and obey her husband in that which is right      and proper, and she should not ask for a divorce with no reason. If there is      a reason, there is nothing wrong with that, such as if he is miserly and      does not give her her rights, or he commits a great deal of sin, such as      drinking and the like, or if he stays up at night a great deal and neglects      her right to intimacy, and other such reasons. These are valid reasons (for      divorce). End quote from <em>Fataawa al-Talaaq<\/em>, p. 264.&nbsp;<\/p>\r\n<p>Although the      reasons that you mention make it permissible for you to ask for divorce, you      should think long and hard about this matter before doing it, and pay      attention to a number of things:&nbsp;<\/p>\r\n<p>1 &ndash; Hope      that he will improve, especially if you move to your own apartment. If you      encourage him to pray regularly, perhaps Allaah will grant him a good      provision and he will try to please you and give up the things that are      upsetting you. Then you would have the reward for being patient and treating      him well, and for helping him to change himself. So check yourself and think      about your husband. If you hope that he can change, then be patient and seek      reward with Allaah, and remember that patience brings relief and success.      How many women have put up with their husbands and their bad treatment, then      Allaah has changed them and they have become among the best of husbands, who      did not forget their wives&rsquo; patience and kindness. Allaah says      (interpretation of the meaning):&nbsp;<\/p>\r\n<p><em>&ldquo;Repel      (the evil) with one which is better (i.e. Allaah orders the faithful      believers to be patient at the time of anger, and to excuse those who treat      them badly) then verily he, between whom and you there was enmity, (will      become) as though he was a close friend.<\/em><\/p>\r\n<p><em>35.&nbsp;But      none is granted it (the above quality) except those who are patient &mdash; and      none is granted it except the owner of the great portion (of happiness in      the Hereafter, i.e., Paradise and of a high moral character) in this world&rdquo;<\/em><\/p>\r\n<p><em>[Fussilat      41:34, 35]<\/em>&nbsp;<\/p>\r\n<p>The woman      can play a great role in reforming her husband and calling him to goodness      and success, if she uses wisdom, kindness and good methods. First of all she      should focus on religious matters, before physical and material issues. If      his religious commitment improves, he will be helped and guided in all his      affairs, by Allaah&rsquo;s leave and grace.&nbsp;<\/p>\r\n<p>2 &ndash; You      should think of what your own situation will be if divorce happens. This is      something to which no attention is paid at times of anger or when one is put      off by one's husband. Rather it needs deep thought. The wise woman may      accept a hard life with a husband in whom there is both good and bad, and      she may prefer that to being divorced, suffering from loneliness and anxiety      and looking for a husband at a time when many women are single and it is      difficult for virgins to get married, let alone divorced women.&nbsp; &nbsp;<\/p>\r\n<p>This varies      from one woman to another. A divorced woman may still be sought for her      religious commitment, beauty, wealth or lineage.&nbsp;<\/p>\r\n<p>3 &ndash; You      should turn to Allaah a great deal and ask Him to guide you and ward off      evil from you. Do not make a decision until you have prayed to your Lord for      guidance (istikhaarah).&nbsp;<\/p>\r\n<p>For      information on the istikhaarah prayer, please see question no.      <a href=\"http:\/\/islamqa.info\/en\/11981\">11981<\/a> and      <a href=\"http:\/\/islamqa.info\/en\/2217\">2217<\/a>.&nbsp;<\/p>\r\n<p>We ask      Allaah to help you to do that which is good and right and will lead to      success.&nbsp;<\/p>\r\n<p>And Allaah      knows best.<\/p>\r\n<\/span><\/div>\r\n<div style=\"padding: 3px; padding-right: 6px; text-align: right;\">Islam Q&amp;A<\/div>","status":1,"created_at":"2015-04-27T20:52:01.000000Z","updated_at":"2015-04-27T20:52:01.000000Z","language_id":1,"fatawacate_id":46,"parent_id":13006,"author_id":"","books":[],"articles":[],"videos":[],"audios":[],"author_name":"","category_name":"\u0627\u0644\u062d\u0642\u0648\u0642 \u0627\u0644\u0632\u0648\u062c\u064a\u0629","category_slug":"","get_date":"2015-04-27"},"translations":[],"fatawa_books":[],"fatawa_articles":[],"fatawa_videos":[],"fatawa_audios":[],"url":"http:\/\/islamland.com\/eng\/api\/fatawas\/13007"}