Wife Asks Divorce because Husband Follows Different School of Fiqh
26-9-2000 | IslamWeb
Question:
If a couple are married and the husband decides to follow one particular way (one of the ones mentioned in my first question) and the wife follow another way different from his way (from the ways mentioned in question one), is she allowed to ask for divorce because of that? And what if there is conflict between the two because of it, and argument as to how to raise the children... is she allowed to ask for divorce then? Again, PLEASE give reference in your answer, Insha' Allah. I'm in desperate need of help and I'm hoping that I can get some answers, Insha' Allah.
Answer:
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad 
is His slave and Messenger.
There is no objection if a husband or a wife follows a school of thought other than that of his/her spouse. For example, a husband may follow the Hanafi Fiqh while his wife follows the Hambali Fiqh and vice versa, but one should not be extremist in this issue. At the same time, they should try to know the most correct opinion and follow it. Following a different school of Fiqh is not a sound reason for the wife to demand divorce, but rather they should try their best to live in harmony and understanding. Whoever looks attentively at the situation of the Muslim families in the past and the present will find among them families that were not unanimous on a school of Fiqh and this difference has no effect on their conjugal life. If they have any conflict between them over the issue of raising children, the wife is not permitted to demand a divorce. They should bear with each other, be patient and solve their problems with mutual understanding.
Allah will reward them for doing so, as He Says (what means):
• {And if a woman fears from her husband contempt or evasion, there is no sin upon them if they make terms of settlement between them - and settlement is best.} [Quran 4:128]
• {And do not forget graciousness between you. Indeed Allah, of whatever you do, is Seeing.} [Quran 2:237]
But if living with each other becomes impossible and there is no way for solving the problem between them, then the wife can demand divorce. The Prophet said: “A believing man should not hate a believing woman; if he dislikes one of her characteristics, he will be pleased with another.” [Muslim] A husband and wife should respect each other and fulfill each other’s rights. In fact, children are the Blessings of Allah; the husband and wife should never make them a point of conflict and divorce.
If both the husband and the wife use good manners in discussions and are polite in their conversation, there will be benefits for them.
We advise the spouses to be kind to each other and keep in mind that the best interest of children is in continuing the marriage relationship, rather than divorce.
Allah knows best.