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Even after divorce, the wife not separating from the husband, and the husband poisoning her to enforce separation

Prohibition and Legalization,Relation with non Muslims,Even after divorce, the wife not separating from the husband, and the husband poisoning her to enforce separation

Fatwa No :
83110
| Date :

Fatwa No : 83110
Even after divorce, the wife not separating from the husband, and the husband poisoning her to enforce separation
حظر و اباحت / جائز و ناجائز / غیر مسلم سے تعلقات

Even after divorce, the wife not separating from the husband, and the husband poisoning her to enforce separation

A woman who has become unlawful (ḥaram) for her husband but does not leave him by any means — is the husband allowed to kill her by poisoning her in order to get rid of her?

الجوابُ حامِدا ًو مُصلیِّا ً

It should be clearly understood that it is not permissible to kill one's wife or any other person without a valid Shar‘i reason, and such acts must be strictly avoided. However, if the mentioned woman has indeed become unlawful (ḥaram) for the husband, then it is obligatory for him to separate from her immediately. He should explain the matter to her kindly, or through the elders of the family by clarifying the actual situation, and persuade her to separate. If she still refuses to live separately, then the husband is legally entitled to pursue the matter through the courts, and this is what he should do.

مأخَذُ الفَتوی

قال الله تبارك وتعالى : وما كان لمؤمن ان يقتل مؤمنا الا خطأ : الآية (سورة النساء: ٩٢٠ ) ۔
و في الدر المختار: بل يجب على القاضي التفريق بينهما (وتجب العدة بعد الوطء) لا الخلوة للطلاق لا للموت (من وقت التفريق) أو متاركة الزوج اھ (3/ 133)۔

And Allah knows best
عبید اللہ رحمت عُفی عنه
دار الافتاء جامعه بنوریه عالمیه
Fatwa No 83110 Verify Now
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