QUESTION:
As Salaamu Alaikum,
Request for guidance. Can a married couple be divorced soon after (few days) marriage if both parties agree. The particular situation is of a man who recently Nikkah his second wife with agreement from his first however wants to see if possible to divorce his new wife if they both he and second wife agree . What will be the implications or conditions for such a quick divorce. What would either party man and second wife, be required to do.
ANSWER:
Al Jawaab Wa Billahi At-Tawfeeq,
Wa Alaikum As Salaam,
Divorce in Islam is suspended upon a valid Nikaah contract. As such, once the Nikaah has occurred and is valid, divorce can be issued at any moment thereon. In principle, the ruling of divorce is that it is prohibited. However, due to need/necessity, the issuing of divorce by the husband is allowed.
Whether if you and your wife agree, it should be noted that this involves divorcing her without a need, and this is considered sinful in Islam, as this is considered being unjust to her. Allah (SWT) says in the Quran;
وَٱلَّـٰتِى تَخَافُونَ نُشُوزَهُنَّ فَعِظُوهُنَّ وَٱهْجُرُوهُنَّ فِى ٱلْمَضَاجِعِ وَٱضْرِبُوهُنَّ ۖ فَإِنْ أَطَعْنَكُمْ فَلَا تَبْغُوا۟ عَلَيْهِنَّ سَبِيلًا ۗ إِنَّ ٱللَّهَ كَانَ عَلِيًّۭا كَبِيرًۭا ٣٤
“And if you sense ill-conduct from your women, advise them first, if they persist, do not share their beds, but if they still persist, then discipline them gently. But if they change their ways, do not be unjust to them. Surely Allah is Most High, All-Great.”
(Surah Nisa, v. 34)
Though, if divorce is given, it will occur. However, seeing that there is no need, it is merely ending the marriage without a cause, and will be considered sinful in the sight of Allah. As such, you should refrain from doing so.
(Radd al-Muhtaar, 3/228, Dar al-Fikr)
(Al-Fataawa Al-Hindiyyah, 1/348, Zakariyyah)
And Allah Knows Best.
Mufti Saeed Khan
14/09/2022
Checked and approved by
Mufti Waseem Khan
14/09/2022