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QUESTION: hello sir.. can you answer me what is the punishment for wife who is cruel to her husband for no reason? if the husband is

very good and the wife is emotionally abusive.. what is the punishment for her.

And what the punishment for wife who leaves her husband without a valid reason ?

ANSWER: Bismillahir-Rahmanir-Rahim (In the Name of Allah, Most Gracious, Most Merciful)

Assalmalaikum

Dear Brother,

I am sorry for the late reply. Please follow these steps to divorce her. You do not need to pay her maintenance once divorced unless you have a child with her.

[Quran 4:34] Men are the protectors and maintainers of women, because Allah has made one of them to excel the other, and because they spend (to support them) from their means. Therefore the righteous women are devoutly obedient (to Allah and to their husbands), and guard in the husband's absence what Allah orders them to guard (e.g. their chastity, their husband's property, etc.). As to those women on whose part you see ill­conduct, admonish them (first), (next), refuse to share their beds, (and last) beat them (lightly, if it is useful), but if they return to obedience, seek not against them means (of annoyance). Surely, Allah is Ever Most High, Most Great.

if following the above steps do not help. Then follow as below.

[Quran 4:35] If you fear a breach between them twain (the man and his wife), appoint (two) arbitrators, one from his family and the other from her's; if they both wish for peace, Allah will cause their reconciliation. Indeed Allah is Ever All­Knower, Well­Acquainted with all things.

[Quran 4:128] If a wife fears cruelty or desertion on her husband's part, there is no blame on them if they arrange an amicable settlement between themselves; and such settlement is best; even though men's souls are swayed by greed. But if you do good and pr actise self-restraint, Allah (God) is well-acquainted with all that you do.

[Quran 4:129] you are never able to be fair and just as between women, even if it is your ardent desire: But turn not away (from a woman) altogether, so as to leave her (as it were) hanging (in the air). If you come to a friendly understanding, and practise self- restraint, Allah (God) is Oft-forgiving, Most Merciful.

[Quran 4:130] But if they disagree (and must part), Allah (God) will provide abundance for all from His all-reaching bounty: for Allah (God) is He that careth for all and is Wise.

As for the indian law you need to discuss this with a lawyer.
Or I will suggest you a shortcut. Don't divorce her and since by muslim law you can marry upto 4 women, go for second marriage. IF she asks for divorce herself then divorce her.

May Allah make this easy for you.

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Its my duty to help those in need. You are free to ask as many questions as you like.

If you are not convinced or feel the answer did not address all your questions, pls write back immediately without any hesitation. Please do forgive me if there is an unexpected delay in replying.

rg
Ahmer

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( Note: I am not a mufti, if you are in doubt or want 100% accuracy please verify the above hadith with an authentic personality. However I have not altered any hadith and presented it as and how it was found. May Allah forgive our mistakes from time to time...ameen.)

---------- FOLLOW-UP ----------

QUESTION: I don't have any child with her.

Its been one year since marriage.

U just want to divorce her.

I want to know how long and how much maintainace I need to pay ..

I earn 1 lacks per month

I heard I need to pay it for 3 moths till her iddat  period ..is that true?

Or what are the rulings for maintainance as per Islam ..when and after through divorce

And what if she divorce .. Or take khula

Thanks a lot for help.

ANSWER: talaq/divorce
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[Quran 2:228] Divorced women shall wait concerning themselves for three monthly periods. Nor is it lawful for them to hide what Allah (God) Hath created in their wombs, if they have faith in Allah (God) and the Last Day. And their husbands have the better right to take them back in that period, if they wish for reconciliation. And women shall have rights similar to the rights against them, according to what is equitable; but men have a degree (of advantage) over them. And Allah (God) is Exalted in Power, Wise.

[Quran 2:229] A divorce is only permissible twice: after that, the parties should either hold Together on equitable terms, or separate with kindness. It is not lawful for you, (Men), to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep the limits ordained by Allah (God). If you (judges) do indeed fear that they would be unable to keep the limits ordained by Allah (God), there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah (God); so do not transgress them if any do transgress the limits ordained by Allah (God), such persons wrong (Themselves as well as others).

[Quran 2:230] So if a husband divorces his wife (irrevocably), He cannot, after that, re- marry her until after she has married another husband and He has divorced her. In that case there is no blame on either of them if they re-unite, provided they feel that they can keep the limits ordained by Allah (God). Such are the limits ordained by Allah (God), which He makes plain to those who understand.

[Quran 2:231] When you divorce women, and they fulfil the term of their ('Iddat), either take them back on equitable terms or set them free on equitable terms; but do not take them back to injure them, (or) to take undue advantage; if any one does that; He wrongs his own soul. Do not treat Allah (God)'s Signs as a jest, but solemnly rehearse Allah (God)'s favours on you, and the fact that He sent down to you the Book and Wisdom, for your instruction. And fear Allah (God), and know that Allah (God) is well acquainted with all things.

[Quran 2:232] When you divorce women, and they fulfil the term of their ('Iddat), do not prevent them from marrying their (former) husbands, if they mutually agree on equitable terms. This instruction is for all amongst you, who believe in Allah (God) and the Last D ay. That is (the course Making for) most virtue and purity amongst you and Allah (God) knows, and you know not.

[Quran 2:233] The mothers shall give such to their offspring for two whole youars, if the father desires to complete the term. But he shall bear the cost of their food and clothing on equitable terms. No soul shall have a burden laid on it greater than it can bear. No mother shall be Treated unfairly on account of her child. Nor father on account of his child, an heir shall be chargeable in the same way. If they both decide on weaning, by mutual consent, and after due consultation, there is no blame on the m. If you decide on a foster-mother for your offspring, there is no blame on you, provided you pay (the mother) what you offered, on equitable terms. But fear Allah (God) and know that Allah (God) sees well what you do.

[Baqara 2:240] Those of you who die and leave widows should bequeath for their widows a year's maintenance and residence; but if they leave (The residence), there is no blame on you for what they do with themselves, provided it is reasonable. And Allah/God is Exal ted in Power, Wise.

[Baqara 2:241] For divorced women Maintenance (should be provided) on a reasonable (scale). This is a duty on the righteous.

[Quran 33:49] O you who believe! When you marry believing women, and then divorce them before you have touched them, no period of 'Iddat have you to count in respect of them: so give them a present. And set them free in a handsome manner.

[Quran 65:6] Let the women live (in 'iddat) in the same style as you live, according to your means: Annoy them not, so as to restrict them. And if they carry (life in their wombs), then spend (your substance) on them until they deliver their burden: and if they suckle your (offspring), give them their recompense: and take mutual counsel together, according to what is just and reasonable. And if you find yourselves in difficulties, let another woman suckle (the child) on the (father's) behalf.

[Quran 65:4] Such of your women as have passed the age of monthly courses, for them the prescribed period, if you have any doubts, is three months, and for those who have no courses (it is the same): for those who carry (life within their wombs), their perio d is until they deliver their burdens: and for those who fear Allah (God), He will make their path easy.

Muslim Book 009, Hadith Number 3491.
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Chapter : Pronouncement of three divorces.

Ibn 'Abbas (Allah be pleased with them) reported that the (pronouncement) of three divorces during the lifetime of Allah's Messenger (may peace be upon him) and that of Abu Bakr and two years of the caliphate of Umar (Allah be pleased with him) (was treated) as one. But Umar b. Khattab (Allah be pleased with him) said: Verily the people have begun to hasten in the matter in which they are required to observe respite. So if we had imposed this upon them, and he imposed it upon them.


Muwatta Book 029, Hadith Number 002.
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Section : The 'Irrevocable' Divorce.

Yahya related to me from Malik that he had heard that a man came to Abdullah ibn Masud and said, "I have divorced my wife by saying I divorce you eight times." Ibn Masud said to him, "What have people told you?" He replied, "I have been told that I have to part absolutely from her." Ibn Masud said, "They have spoken the truth. A person who divorces as Allah has commanded, Allah makes it clear for him, and a person who obscures himself in error, we make stay by his error. So do not confuse yourselves and pull us into your confusion. It is as they have said."

Bukhari Volumn 006, Book 060, Hadith Number 433.
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Narated By Ibn 'Abbas : If someone says to his wife, "You are unlawful to me." he must make an expiation (for his oath). Ibn 'Abbas added: There is for you in Allah's Apostle, an excellent example to follow.


Bukhari Volumn 007, Book 063, Hadith Number 179.
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Narated By Anas bin Sirin : Ibn 'Umar said: "I divorced my wife while she was menstruating. 'Umar mentioned that to the Prophet. The Prophet said, (to my father), "Let your son take her back." I asked (Ibn 'Umar), "Is such a divorce counted (i.e. as one legal divorce)?" Ibn 'Umar said, "Of course." Narrated Yunus bin Jubair: Ibn 'Umar said, "The Prophet said to 'Umar, 'Order him (Ibn 'Umar) to take her back.' " I asked, "Is such a divorce counted (as one legal divorce)?" Ibn 'Umar said, "What do you think if someone becomes helpless and foolish?"


Bukhari Volumn 007, Book 063, Hadith Number 180.
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Narated By Ibn 'Umar : (Divorcing my wife during her menses) was counted as one legal divorce.

Muwatta Book 029, Hadith Number 006.
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Section : The 'Irrevocable' Divorce.

Yahya related to me from Malik that he had heard that Ali ibn Abi Talib used to say that if a man said to his wife, "You are haram for me," it counted as three pronouncements of divorce.

Malik said, "That is the best of what I have heard on the subject."

Bukhari Volumn 007, Book 063, Hadith Number 191.
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Narated By Said bin Jubair : That he heard Ibn 'Abbas saying, "If a man makes his wife unlawful for him, it does not mean that she is divorced." He added, "Indeed in the Apostle of Allah , you have a good example to follow."


halala halaala
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bukhari Volumn 007, Book 063, Hadith Number 186.
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Narated By 'Aisha : The wife of Rifa'a Al-Qurazi came to Allah's Apostle and said, "O Allah's Apostle! Rifa'a divorced me irrevocably. After him I married 'Abdur-Rahman bin Az-Zubair Al-Qurazi who proved to be impotent." Allah's Apostle said to her, "Perhaps you want to return to Rifa'a? Nay (you cannot return to Rifa'a) until you and 'Abdur-Rahman consummate your marriage."


[Quran 2:230] So if a husband divorces his wife (irrevocably), He cannot, after that, re- marry her until after she has married another husband and He has divorced her. In that case there is no blame on either of them if they re-unite, provided they feel that they can keep the limits ordained by Allah (God). Such are the limits ordained by Allah (God), which He makes plain to those who understand.



khula
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[Quran 2:229] A divorce is only permissible twice: after that, the parties should either hold Together on equitable terms, or separate with kindness. It is not lawful for you, (Men), to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep the limits ordained by Allah (God). If you (judges) do indeed fear that they would be unable to keep the limits ordained by Allah (God), there is no blame on either of them if she give something for her freedom. These are the limi ts ordained by Allah (God); so do not transgress them if any do transgress the limits ordained by Allah (God), such persons wrong (Themselves as well as others).


bukhari Volumn 007, Book 063, Hadith Number 197.  
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Narated By Ibn 'Abbas : The wife of Thabit bin Qais came to the Prophet and said, "O Allah's Apostle! I do not blame Thabit for defects in his character or his religion, but I, being a Muslim, dislike to behave in un-Islamic manner (if I remain with him)." On that Allah's Apostle said (to her), "Will you give back the garden which your husband has given you (as Mahr)?" She said, "yous." Then the Prophet said to Thabit, "O Thabit! Accept your garden, and divorce her once."




Abu Dawood Book 006, Hadith Number 2204.
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Chapter : Not known.

Narated By Tamimah al-Hujayni : A man said to his wife: O my younger sister! The Apostle of Allah (pbuh)said: Is she your sister? He (the Prophet disliked it and prohibited saying so.


Abu Dawood  Book 006, Hadith Number 2207.
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Chapter : Not known.

Narated By Salamah ibn Sakhr al-Bayadi : I was a man who was more given than others to sexual intercourse with women. When the month of Ramadan came, I feared lest I should have intercourse with my wife, and this evil should remain with me till the morning. So I made my wife like my mother's back to me till the end of Ramadan. But one night when she was waiting upon me, something of her was revealed. Suddenly I jumped upon her. When the morning came I went to my people and informed them about this matter.

I said: Go along with me to the Apostle of Allah (pbuh).

They said: No, by Allah. So I went to the Prophet (peace be upon him and informed him of the matter.

He said: Have you really committed it, Salamah? I said: I committed it twice, Apostle of Allah. I am content with the Commandment of Allah, the Exalted; so take a decision about me according to what Allah has shown you.

He said: Free a slave. I said: By Him Who sent you with truth, I do not possess a neck other than this: and I struck the surface of my neck.

He said: Then fast two consecutive months. I said: Whatever I suffered is due to fasting.

He said: Feed sixty poor people with a wasq of dates.

I said: By Him Who sent you with truth, we passed the night hungry; there was no food in our house.

He said: Then go to the collector of sadaqah of Banu Zurayq; he must give it to you. Then feed sixty poor people with a wasq of dates; and you and your family eat the remaining dates. Then I came back to my people, and said (to them): I found with you poverty and bad opinion; and I found with the Prophet (pbuh) prosperity and good opinion. He has commanded me to give alms to you.

Ibn al-Ala' added: Ibn Idris said: Bayadah is a sub-clan of Banu Zurayq.



Abu Dawood Book 006, Hadith Number 2208.
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Chapter : Not known.

Narated By Khuwaylah, daughter of Malik ibn Tha'labah : My husband, Aws ibn as-Samit, pronounced the words: You are like my mother. So I came to the Apostle of Allah (pbuh), complaining to him about my husband.

The Apostle of Allah (pbuh) disputed with me and said: Remain dutiful to Allah; he is your cousin.

I continued (complaining) until the Qur'anic verse came down: "Allah has heard the words of her who disputeth with you concerning her husband...." till the prescription of expiation.

He then said: He should set free af slave. She said: He cannot afford it. He said: He should fast for two consecutive months. She said: Apostle of Allah, he is an old man; he cannot keep fasts. He said: He should feed sixty poor people. She said: He has nothing which he may give in alms. At that moment an araq (i.e. date-basket holding fifteen or sixteen sa's) was brought to him.

I said: I shall help him with another date-basked ('araq). He said: You have done well. Go and feed sixty poor people on his behalf, and return to your cousin. The narrator said: An araq holds sixty sa's of dates.





child support
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[Quran Talaq 65:5] That is the Command of Allah (God), which He has sent down to you: and if any one fears Allah (God), He will remove his ills, from him, and will enlarge his reward.

[Quran Talaq 65:6] Let the women live (in iddat) in the same style as you live, according to your means: Annoy them not, so as to restrict them. And if they carry (life in their wombs), then spend (your substance) on them until they deliver their burden, and if they suckle your (offspring), give them their recompense, and take mutual counsel together, according to what is just and reasonable. And if you find yourselves in difficulties, let another woman suckle (the child) on the (father's) behalf.

[Quran Talaq 65:7] Let the man of means spend according to his means, and the man whose resources are restricted, let him spend according to what Allah (God) has given him. Allah (God) puts no burden on any person beyond what He has given him. After a difficulty, Allah (God) will soon grant relief.

Bukhari Volumn 003, Book 034, Hadith Number 421.
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Narated By 'Aisha : Sad bin Abi Waqqas and 'Abu bin Zam'a quarreled over a boy. Sad said, "O Allah's Apostle! This boy is the son of my brother ('Utba bin Abi Waqqas) who took a promise from me that I would take him as he was his (illegal) son. Look at him and see whom he resembles." 'Abu bin Zam'a said, "O Allah's Apostle! This is my brother and was born on my father's bed from his slave-girl." Allah's Apostle cast a look at the boy and found definite resemblance to 'Utba and then said, "The boy is for you, O 'Abu bin Zam'a. The child goes to the owner of the bed and the adulterer gets nothing but the stones (despair, i.e. to be stoned to death). Then the Prophet said, "O Sauda bint Zama! Screen yourself from this boy." So, Sauda never saw him again.


child custody
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AbuDawud Book 006, Hadith Number 2269.
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Narated By Abdullah ibn Amr ibn al-'As : A woman said: Apostle of Allah, my womb is a vessel to this son of mine, my breasts, a water-skin for him, and my lap a guard for him, yet his father has divorced me, and wants to take him away from me. The Apostle of Allah (pbuh) said: You have more right to him as long as you do not marry.



iddat/
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[Quran 2:228] Divorced women shall wait concerning themselves for three monthly periods. Nor is it lawful for them to hide what Allah (God) Hath created in their wombs, if they have faith in Allah (God) and the Last Day. And their husbands have the better right to take the m back in that period, if they wish for reconciliation. And women shall have rights similar to the rights against them, according to what is equitable; but men have a degree (of advantage) over them. And Allah (God) is Exalted in Power, Wise.

[Quran 33:49] O you who believe! When you marry believing women, and then divorce them before you have touched them, no period of 'Iddat have you to count in respect of them: so give them a present. And set them free in a handsome manner.

[Quran 65:4] Such of your women as have passed the age of monthly courses, for them the prescribed period, if you have any doubts, is three months, and for those who have no courses (it is the same): for those who carry (life within their wombs), their perio d is until they deliver their burdens: and for those who fear Allah (God), He will make their path easy.

[Baqara 2:234] If any of you die and leave widows behind, they shall wait concerning themselves four months and ten days: When they have fulfilled their term, there is no blame on you if they dispose of themselves in a just and reasonable manner. And Allah/God is well acquainted with what you do.

Bukhari Volumn 007, Book 063, Hadith Number 254.
-----------------------------------------
Narated By Um 'Atiyya : We were forbidden to mourn for more than three days for a dead person, except for a husband, for whom a wife should mourn for four months and ten days (while in the mourning period) we were not allowed to put kohl in our eyes, nor perfume our-selves, nor wear dyed clothes, except a garment of 'Asb (special clothes made in Yemen). But it was permissible for us that when one of us became clean from her menses and took a bath, she could use a piece of a certain kind of incense. And it was forbidden for us to follow funeral processions.

---------- FOLLOW-UP ----------

QUESTION: OK by this I understand that if she takes Khula then I don't have to pay her anything and only have to maintain her till iddat ?

And also it says give them maintainance on a reasonable scale?  What dose that mean?  What is reasonable scale?  How long dose it last?

I heard that if I divorce when she is cruel to me..then I have to pay her till iddat period ..is this true?  Or there is some other rulings?

Answer
Kindly consult Tafseer which will clarify your points.

http://www.qtafsir.com/index.php?option=com_content&task=view&id=148

Yes you have to pay till her iddat period. After that no maintenance required to pay. Reasonable scale means whatever facility she was getting prior to divorce should continue and it should not be cut down. This is what I think is meant by reasonable scale.

Regards
Ahmer

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Preaching Islam since childhood, and further gained commanding knowledge of almost every affairs of the religion though authentic books and attending lectures by notable scholars of Islam

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