Can A Wife Seek Divorce If Her Husband Intends To Take An Interest-Based Loan?

Question: As salamu ailaykum, If a husband wants to buy a Truck through a riba based loan, can a woman seek a divorce? She afraid his actions will harm their children since riba is harm.

Summary:

It is not permissible for the husband to take an interest-based loan to purchase a truck or anything else, because riba is among the gravest of the major sins. The wife should advise him sincerely, remind him to fear Allah, and do everything she reasonably can to turn him away from this prohibited act. If he persists in dealing with riba, she is not required to seek a divorce merely because of that. However, if his persistence causes serious harm to her religion or the religion of her children, leads her into what is prohibited, or she fears for herself and her children because of the resulting trials, then she may seek a divorce or khul`a if she believes that remaining with him will harm her religion.

Answer:

Firstly: Riba is among the gravest of the major sins

From the Qur'an:

[Surah Al-Baqarah: 278-279]
"O you who believe! Fear Allah and give up what remains due to you of riba, if you are truly believers. But if you do not, then be informed of a war from Allah and His Messenger."
[Surah Al-Baqarah: 275]
"Allah has permitted trade and forbidden riba."

From the Sunnah:

Narrated by Muslim.Jabir رضي الله عنه narrated:
"The Messenger of Allah ﷺ cursed the one who consumes riba, the one who pays it, the one who records it, and its two witnesses, and he said: 'They are all the same.'"
Sahih Al-Jami.Abdullah ibn Masud رضي الله عنه narrated:
"Riba has seventy-three categories, the least of which is like a man committing incest with his own mother..."
Sahih Al-Targhib.Abdullah ibn Hanzalah رضي الله عنه narrated:
"A single dirham of riba that a man knowingly consumes is more severe than thirty-six acts of fornication."
Therefore, taking an interest-based loan to purchase a truck, a car, a house, or anything else falls under this severe warning.

Secondly: What should the wife do? She should: -Advise her husband gently. -Remind him of the prohibition of riba. -Warn him of Allah's punishment. -Increase in supplicating for him. -Seek the assistance of scholars or relatives who may have influence over him.

From the Qur'an:

[Surah Al-Ma'idah: 2]
"And cooperate with one another in righteousness and piety."

From the Sunnah:

Narrated by Muslim.Tamim Al-Dari رضي الله عنه narrated that the Prophet ﷺ said:
"The religion is sincere advice."

Thirdly: Should she ask for a divorce? The basic principle is that a wife should not ask for a divorce without a valid Islamic reason.

From the Sunnah:

Narrated by Abu Dawud and Al-Tirmidhi, and authenticated by Al-Albani رحمه الله.The Prophet ﷺ said:
"Any woman who asks her husband for a divorce without a valid reason will be forbidden from smelling the fragrance of Paradise."

However, if there is a legitimate Islamic reason, such as the husband persistently committing major sins, harming his wife in her religion, or if there is fear that the children will become corrupted because of his persistence upon what is prohibited, then she may seek separation if she believes that remaining with him will expose her or her children to religious harm. A single act of disobedience, by itself, is not necessarily a reason that requires divorce. Rather, consideration should be given to: -Whether he persists in it. -The extent to which it affects the family. -Whether there is genuine harm to the family's religion and upbringing. Fourthly: Statements of the scholars

From the Scholars:

1. Shaykh Abdul Aziz ibn Baz رحمه الله
He said: "If she asks for a divorce without a valid reason, then it is not permissible. But if there is a legitimate reason... such as him harming her or openly committing immorality... then there is no harm."
This indicates that the presence of a valid Islamic reason permits her to seek a divorce, whereas doing so without such a reason is not permissible.
Fatwa regarding a husband who takes an interest-based loan:
Regarding the question: Is it permissible to remain with a husband who takes an interest-based loan? The scholars answered that if a husband takes an interest-based loan, he has committed a grave prohibited act. The wife should continue advising him, and she is not sinful merely for remaining with him. Simply taking such a loan does not, by itself, make divorce obligatory. However, if she fears for her own religion or the religion of her children, and remaining with him will lead to religious harm, then she may seek separation.

Conclusion: Taking an interest-based loan to purchase a truck is prohibited and is among the major sins. The wife should advise her husband and do everything she reasonably can to prevent him from dealing with riba. She is not required to seek a divorce merely because he has fallen into riba. However, if he persists in it, and she fears for her religion or the proper upbringing of her children, or remaining with him results in recognized religious harm, then she may seek a divorce or khul, whichever better serves the Islamic interest.

And Allah knows best.

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Can A Wife Seek Divorce If Her Husband Intends To Take An Interest-Based Loan?

Summary:

From the Qur'an:

From the Sunnah:

From the Qur'an:

From the Sunnah:

From the Sunnah:

From the Scholars:

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