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FatwaFederal TerritoriesMarriage & Family

AL-KAFI #1317: FASAKH KERANA SUAMI PENAGIH DADAH

Can a wife seek fasakh if her husband is a drug addict?

Short answer

A wife has the right to seek dissolution of the marriage when her husband is a drug addict.

Federal TerritoriesOpinion (irsyad)

A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.

Authority
Federal Territories Mufti Office
Date
Status
Opinion (irsyad)
Series
Al-Kafi li al-Fatawi
Topic
Marriage & Family

No evidence of gazettement in the source — this is not a gazetted fatwa.

Summary

A wife has the right to seek dissolution of the marriage when her husband is a drug addict. Drug addiction is treated as an illness that causes serious harm to the individual and his family, so it is likened to the defects that justify a fasakh claim. This right is only one permitted option. If the wife chooses to continue the marriage, it is not wrong, and the husband should undergo rehabilitation treatment.

Written in our own words from the original fatwa — check the source before acting on it.

Berdasarkan nas dan hujah di atas, kami menyatakan bahawa wanita berhak menuntut pembubaran perkahwinan apabila suami merupakan penagih dadah.

Excerpt from the original fatwa · Federal Territories

Read the full fatwa on the Federal Territories website (new tab)

How to cite

Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.

Federal Territories Mufti Office. “AL-KAFI #1317: FASAKH KERANA SUAMI PENAGIH DADAH”, 5 July 2019. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/3548-al-kafi-1317-fasakh-kerana-suami-penagih-dadah. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/fasakh-for-husband-drug-addict/

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Evidence cited

Quran verses

  • Ar-Rum 30:21

Hadith

  • Bukhari 5276
  • Malik 1435

Books

  • Fath al-Bari (Ibn Hajar al-Asqalani)

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