Fatwa's Insights - Kinship
Fatwa On Wife's Right To Seek Divorce Due To Smoking Threat
THE 40TH MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2019
28 - 29 MAC 2019 / 21 - 22 REJAB 1440H
FATWA ON WIFE'S RIGHT TO SEEK DIVORCE DUE TO SMOKING THREAT
Cigarettes from a health perspective bring harm to those who smoke them and also to anyone who inhales their smoke. Likewise, they disturb those who associate with them, such as the foul odour. Therefore, the wife of a smoker whose health is threatened or whose life is disrupted due to her husband's smoking habit may claim dissolution of marriage (fasakh). The court shall make an assessment of this harm to the wife.
The right of custody (hak penjagaan) of young children cannot be granted to a father or mother who smokes if it is found that such habit brings harm to the child concerned. This matter shall be assessed in court.
Similarly, any substance consumed by the husband that produces a harmful effect on the wife. This includes drugs, kratom and the like.
Resolved at the Meeting of the Majlis Agama Islam dan Adat Istiadat Melayu Perlis No. 3 of 2019 convened on 22 April 2019.