Spouses' separation for the children's interest

13-1-2014 | IslamWeb

Question:

A wife asked her husband to divorce her. The husband, however, did not do so because they have children. Therefore, the wife remained with the husband living in half of the house. There is no connection between the spouses. The husband tried several times to reconcile with her but she refused and stopped asking for divorce. If this situation continues, is the husband blamed? The husband's concern is not to harm the children and this prevented him from divorcing her. What should be done? May Allaah Reward you.

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

There is no doubt that reconciliation is better for the two spouses than remaining as such. Allaah The Almighty Says (what means): {And reconciliation is best.} [Quran 4:128] So, do your best to reconcile with her and settle the problem. You should clarify for her that she is committing a grave sin when she asks for divorce without a reason and forsakes the husband's bed without a Sharee‘ah-approved justification. However, if the attempts of reconciliation fail and she no longer asks you again to divorce her, it is permissible for you to keep her for the sake of the children's interest.

Allaah Knows best.