What is the Sharia ruling on divorcing a wife who is chronically mentally ill, affecting marital life and intimacy, or keeping her and marrying another, despite being unable to combine two wives unless the first waives her right to maintenance and overnight stay, and out of consideration for the husband's and his family's circumstances?
Divorce is permissible in Islamic law if there are strong justifications, such as the wife's illness or a deterioration in the relationship between the spouses, as it serves to avert harm and corruption. Nevertheless, the husband should treat his patient wife kindly, strive to assist her, and be patient and tolerant with her, in accordance with the Almighty's saying: (And live with them in kindness. For if you dislike them - perhaps you dislike a thing and Allah makes therein much good).
If the wife agrees to waive some of her rights, such as overnight stays or financial support, it is permissible to keep her, or for the husband to marry another woman if that is possible, as this combines both interests. If that is not possible, and it becomes difficult for the husband to bear his wife's condition, there is no sin upon him in divorcing her and marrying another, as the Almighty said: (But if they separate [by divorce], Allah will enrich each from His abundance. And ever is Allah all-Encompassing and Wise).
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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