Question:
If a muslim man thinks to himself that, if a divorce takes place the man shouldn’t give the wife any money or anything Or thinks to himself that giving some money or things to the wife after a marriage breaks up, should not be allowed in Islam.
Does this make him a non-muslim? he has no intention of Kufr and loves Islam.
Answer:
In the name of Allāh, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-raḥmatullāhi wa-barakātuh.
Respected Brother,
We apologize for the belated response.
The above concept does not make one a non-Muslim nor does it constitute any Kufr. However Islam teaches kindness and adopting Ihsaan, in such a way that when one is separated from his wife he should leave her in a good manner without oppressing her or depriving her of any of her rights, in the like manner the wife should also understand that if the marriage does not work out and she opt’s for a divorce (through Khula), she should maintain her husband’s respect in every way possible and leave in an amicable situation with out causing any harm to him.
Mufti Shafi Saheb (Rahmatullahi Allayh) mentions in Mariful Qura’an[1] under the following verse:
فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ
Then, either keep (her) in an acceptable manner or release (her) with good treatment.[2]
‘Very similarly, by placing the restrictive condition of بِإِحْسَانٍ (in fairness) along with تَسْرِيحٌ (release), the instruction was given that Talaaq is the dissolution of transaction and gentlemen go through their transactions and contracts in good taste and manners and in the event dissolution of contract becomes necessary, that too, should not be done with anger or altercation, instead, that should be done with charity, kindness and grace, for instance, while saying goodbye to the divorced wife, let her depart with some presents, such as clothing and its likes’’.
And Allah Ta‘ala knows best
Mufti Luqman Hansrot
Fatwa Dept.
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