Praise be to Allaah.
You should not hasten with regard to the matter of divorce,
and you should implement all the means prescribed in Islam to set your wife
straight and solve the problem between you. Part of that is what Allah has
taught us of admonishing, then refusing to share their beds, then hitting them lightly (meaning not injuring them in any way, shape or form and only if there is some benefit anticipated from it), then seeking the help of arbitrators from your family and hers. Allah, may He be exalted, says (interpretation of the meaning):
“As to those women on whose part you see ill-conduct,
admonish them (first), (next), refuse to share their beds, (and last) hit
them (lightly, if it is useful), but if they return to obedience, seek not
against them means (of annoyance). Surely, Allah is Ever Most High, Most
Great.
If you fear a breach between them twain (the man and his
wife), appoint (two) arbitrators, one from his family and the other from
hers; if they both wish for peace, Allah will cause their reconciliation.
Indeed Allah is Ever All-Knower, Well-Acquainted with all things”
[an-Nisa’ 4:34-35].
You could seek help in admonishing or exhorting her by means
of some tapes (or CDs etc, of lectures), or by advising her to ask scholars
about her behaviour and attitude, or taking her to listen to a lecture that
deals with family life and the marital relationship. You should try to find
out the reasons why she is not keen to stay home and why she wants to go to
her family. There may be some harshness in your treatment of her, or some
shortcoming with regard to her rights. The way to deal with that is to speak
frankly and try sincerely to resolve the differences. If you try to
implement all the ways and means of dealing with the matter but you do not
succeed in setting things straight, and you do not think that you could be
patient with her, then there is nothing wrong with divorce in that case and you should divorce her with one revocable talaaq (pronouncement of divorce), in the hope that that will bring her to her senses and prompt her to pay attention to her husband and
her health.
There follows some advice that the scholars have given in
this regard.
Shaykh as-Sa‘di (may Allah have mercy on him) said: “As to
those women on whose part you see ill-conduct” [an-Nisa’ 4:34] that is,
their refusal to obey their husbands by disobeying in word or deed. He
should discipline her with the lightest method, then the next lightest. “admonish
them” that is, explain the ruling of Allah about obeying and disobeying
the husband, encouraging her to obey and discouraging her to disobey. If she
stops, then this is the desired outcome, otherwise the husband should refuse
to share her bed, not sleeping with her or having intercourse with her to
the extent that will achieve the desired result. Otherwise, he may hit her
lightly. If the desired outcome is attained by means of one of these things
and they (wives) obey you (husbands), then “seek not against them means
(of annoyance)” i.e., you have got what you want, so do not keep on at
her about things that are in the past or comment on faults the mention of
which is hurtful and will cause problems. End quote.
The scholars of the Standing Committee were asked (19/225):
I have a wife who has five children, including an infant who
is nursing and one who is walking. Their mother, my wife, does not take care
of her duties towards the house or her marital duties, and does not pay
attention to the cleanliness of her children, or take care of me, and she
does not accept any advice from me.
They replied:
If the situation is as you describe, then advise her and
explain to her the rights that the husband has over his wife. Use tact and
kindness in explaining to her how she should perform her duties. If she
mends her ways, then praise be to Allah. If she refuses, then refuse to
share her bed. If that does not work, then hit her (lightly) as a kind of
discipline, not a means of revenge or taking out your anger on her. If she
obeys, then treat her kindly and nicely. But if she refuses and it is not
possible to reconcile between you, then you have no choice but to bear it
with patience or separate. Allah, may He be exalted, says (interpretation of
the meaning):
“Men are the protectors and maintainers of women, because
Allah has made one of them to excel the other, and because they spend (to
support them) from their means. Therefore the righteous women are devoutly
obedient (to Allah and to their husbands), and guard in the husbands absence
what Allah orders them to guard (e.g. their chastity, their husbands
property, etc.). As to those women on whose part you see illconduct,
admonish them (first), (next), refuse to share their beds, (and last) beat
them (lightly, if it is useful), but if they return to obedience, seek not
against them means (of annoyance). Surely, Allah is Ever Most High, Most
Great.
If you fear a breach between them twain (the man and his
wife), appoint (two) arbitrators, one from his family and the other from
hers; if they both wish for peace, Allah will cause their reconciliation.
Indeed Allah is Ever All-Knower, Well-Acquainted with all things.”
[an-Nisa’ 4:34-35].
End quote.
Shaykh Ibn ‘Uthaymeen said: If it is not possible to be
patient, we try to bring about reconciliation, as Allah, may He be exalted,
says (interpretation of the meaning):
“If you fear a breach between them twain (the man and his
wife), appoint (two) arbitrators, one from his family and the other from
hers; if they both wish for peace, Allah will cause their reconciliation”
[an-Nisa’ 4:35].
This applies if there is fear of separation (a breach)
between the two parties.
End quote from Fataawa Noor ‘ala ad-Darb.
And Allah knows best.