Fatwa: # 17545
Category: Divorce
Country: Australia
Date: 18th February 2009

Title

During a visit to my in-law’s home I was quite unfriendly and miserable for about a week. After an argument my husband sent a plane ticket to my parent’s house ...

Question

During a visit to my in-law’s home I was quite unfriendly and miserable for about a week.  After an argument my husband sent a plane ticket to my parent’s house and money with his friend’s wife and he has not spoken to me since.  He initiated divorce proceedings.  Sadly, at the time I was unaware that my mood swings were because I was pregnant.  The situation stressed me tremendously and I suffered a miscarriage while staying with my parents.  I have yet to inform my husband of the situation.  I am afraid he will be unsympathetic and will continue with divorce proceedings.  He didn’t realize I was pregnant at the time of our fight.  Under the circumstances, is my husband allowed to divorce me?  Is there anything I can do or say to stop things?  Is there no sympathy for a woman suffering the symptoms of pregnancy?

 

 

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

Jazakillah for writing to us regarding your marital problems.

Sister, allow me to ask you some questions. What was your relationship with your husband and his family like before this episode?

Was this the first time that you had a "fall out" with him and his family. Have you been depressed previously and have there been problems before too?

There is always room for mediation in a marriage, so from what you write it is difficult to understand how a man can decide on a drastic step like this after just one episode. As you say, mood swings can occur during pregnancy.

Have you tried to obtain help from your local imaam so that he can intervene on your behalf? You need to ask somebody who can talk to both of you and help you two to sort things out. I agree with you that there should be more understanding. Insha'allah, if a pious and wise person is approached to help, both of you will be able to work out a middle path.  I suggest that you contact the imaam or a learned person as soon as possible so that you can  explain your circumstances to your husband. May Allah Ta'ala grant you what is best for your future and the hereafter and protect you from what is harmful for you in this world and the hereafter, ameen.

And Allah knows best

Wassalam u Alaikum

Social Dept.

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

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