Islam Question and Answer - The one who causes the divorce of a woman

The one who causes
the divorce of a woman

A man married without the knowledge of
his parents and (first) wife, and they thought that the woman was not a Sunni, so his
mother insisted that he should divorce her and she urged his father to force him to
divorce her. So he divorced her in obedience to them. Then his mother regretted asking him
to do that, and she is asking whether there is any sin on her and if so, what the kafaarah
(expiation) is.

 

Praise be to Allaah.

According to the most correct opinion, it is not
permissible to divorce a woman without a valid reason, because this is unjust to the woman
and causes the blessing of marriage to be lost for no reason, and the break up of a family
with which Allaah had blessed the sons of Adam, as Allaah says (interpretation of the
meaning):

“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”
[al-Room 30:21]

Obedience to one's parents should only be with regard to things that
are right and good, that Allaah and His Messenger love. It is not permissible to obey them
with regard to something that Allaah and His Messenger have forbidden, as the Prophet

(peace and blessings of Allaah be upon him) said: “There is no obedience to anyone if
it involves disobedience towards Allaah; obedience is only with regard to what is right
and good.” (Narrated by al-Bukhaari and Muslim from Ali, may Allaah be pleased
with him).

And Allaah says (interpretation of the meaning);

“But if they (both) strive with you to make you join in worship
with Me others that of which you have no knowledge, then obey them not; but behave with
them in the world kindly, and follow the path of him who turns to Me in repentance and in
obedience” [Luqmaan 31:15]

No kafaarah is required from either the mother or the father,
apart from tawbah (repentance) and istighfaar (seeking forgiveness); they
should also try to put matters right and bring people together again. If they do this,
they will have a reward (from Allaah). Allaah says (interpretation of the meaning):

“There is no good in most of their secret talks save (in) him
who orders Sadaqah (charity in Allaah’s Cause), or Ma‘roof (Islâmic Monotheism
and all the good and righteous deeds which Allaah has ordained), or conciliation between
mankind; and he who does this, seeking the good Pleasure of Allaah, We shall give him a
great reward” [al-Nisa’ 4:114]

And Allaah knows best.

 

Massa’il wa rasaa’il, Muhammad al-Mahmoud al-Najdi, p. 59.