Monetary fine for issuing Talaaq

Category: 

Business Dealings & Money Matters

According to Madhhab: 

Hanafi

Reference: 

1441-068

Question: 

In our
Community we have set a fine on someone giving Talaq to his wife. 

The Fine
will depend on every individual case taken by the committee and the committee
will then decide the amount to be given as a fine to the wife.

If the
fault is 100% of the Husband then he will pay full fine and if it's from both
sides then he will pay half of that and if the fault is from the wife's side
then there will be no fine.

The reasons
of setting this fine is to make the men understand that they should avoid giving
talaq to their wife's unnecessarily.

The
question is, is it Jaiz to set a fine in sharia .


Answer: 

It is not allowed to give someone a monetary fine. Therefore, the money that has been collected should be given back to the owners. (Shaami Vol. 4 Pg. 61-62). Moreover, the community should be educated with regards to the seriousness of the matter at hand.

Nabi Sallallahu Alaihi Wasallam said:

أبغض الحلال إلى الله تعالى الطلاق 

Of all the lawful acts the most detestable to Allah is divorce. (Abu Dawood #2178) 

AND ALLAH TA'AALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST

ANSWERED BY: MOHSIN KHAN 

CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B. 

Islamic Date: ٤ صفر ١٤٤١ 

English Date: 03 October 2019

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