FatwaFederal TerritoriesMarriage & Family
AL-KAFI #559 : HUKUM MINTA CERAI KERANA SAKIT MENTAL
What is the ruling on a wife seeking divorce from a husband who has a mental illness?
Short answer
In principle, a wife may not ask for divorce without a reason accepted by Sharia.
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
In principle, a wife may not ask for divorce without a reason accepted by Sharia. If the husband's mental illness is treatable and poses no danger to the family, it is preferable for the wife to remain with him. If the illness is hard to treat and endangers the wife and children, she may apply for divorce or fasakh, since protecting life is established in Sharia. In such a case the husband should be placed in a mental health hospital.
Written in our own words from the original fatwa — check the source before acting on it.
Pada asalnya tidak boleh bagi seorang isteri meminta cerai daripada suaminya tanpa sebab Syarie.
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 #559 : HUKUM MINTA CERAI KERANA SAKIT MENTAL”, 1 March 2017. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/973-al-kafi-559-hukum-minta-cerai-kerana-sakit-mental. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/ruling-wife-divorce-husband-mental-illness/