Fatwa #619519 July 2002United States of America
If the husband doesn't pray and doesn't go to the mosque. Does the wife have the right to a divorce?
Question
In 3 yrs.of marriage he's only prayed once in a while. He's only gone to the mosque for the Friday pray approx. 15 times after much pushing by me. I'm tired of this I want my home to be Islamic. Can I divorce him? May Allah bless you.
Answer
According to the Shari'ah, only the husband has the right of divorce. The
wife does not have the right of divorce.
In your situation, we advise you apply wisdom and make your husband perform
Salat and be Shari'ah compliant. Your success will depend on your approach
and wisdom behind changing him. There are many women who have successfully
changed their husbands and made them adhere to Shari'ah. You should be
steadfast and never give up your efforts in achieving your objective. If you
feel that informing your husband of your intention to terminate the marriage
due to his un-Islamic behaviour may be useful in chaing him, you may try
that.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
wife does not have the right of divorce.
In your situation, we advise you apply wisdom and make your husband perform
Salat and be Shari'ah compliant. Your success will depend on your approach
and wisdom behind changing him. There are many women who have successfully
changed their husbands and made them adhere to Shari'ah. You should be
steadfast and never give up your efforts in achieving your objective. If you
feel that informing your husband of your intention to terminate the marriage
due to his un-Islamic behaviour may be useful in chaing him, you may try
that.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai