Seeks to help his friend avoid a divorce
5-7-2005 | IslamWeb
Question:
After through discussion with an Islamic scholar (Mufti), my friend has sent the first divorce notice to his wife. Among many others, one pertinent issue was that my friend's wife did not cook food for her husband, did not clean the house and had no interest in general house keeping. Later, from reliable sources, my friend came to know that according to Sharee'ah, husband cannot oblige his wife to cook food and for his personal services such as washing and pressing the cloths. Similarly, house work, such as cleaning and house keeping is the collective responsibility of both husband and wife. What's your opinion on the situation especially?
1) About the Mufti who issued the Fatwa to go for divorce?
2) Don't you think before issuing any statement, the Mufti should have corrected my friend by telling him women rights in Islam, because four lives were to be affected by his statement – my friend, his wife and two kids?
3) Do you think it is reasonable to seek advices from Mufti(s) (as in this case) on such family issues?
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 is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
First, we cannot comment on the Fatwa issued by the Mufti mentioned in your question, because we do not know the details of the question presented to the Mufti since a Mufti issued a ruling based on the facts stated to him.
Second, in the matters related to divorce, it is better to consult an Islamic court or who take its place, since this matter needs to be heard from both parties by an authority that is capable to study the case from all aspects. However, it does not prevent a Mufti from giving a Fatwa based on the details a questioner provides him.
Third, no doubt, if the situation requires consultation to delay the divorce, it should be done since divorce is the last solution. Allaah has provided other means to reform a disobedient wife and made divorce the final solution. For details read Fatwa: 81344.
Fourth, the jurists have different opinions concerning the matter of a wife serving her husband. We are of the opinion that it is her duty to serve her husband. It is desirable for a husband to help his wife in household matters. It is among the signs of his nobility and good character, and it was the manner of the Prophet 
.
Fifth, if it is possible to reconcile between the husband and his wife and if he can take her back, then it is better to do so. However, they should be advised to live in harmony with understanding and being patient in marital life, especially since they have children.
Allaah Knows best.