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Divorce through court .

Q:

I got married two years ago, After three or four days of our marriage, My husband showed me some pictures of girls and said for one girl that she is his love, I asked him then why he married me he said that because he can’t marry her and in front of me he began to speak to her, He continuously messages her, He said that he will leave her but he did not do this, He is an army officer and I am a teacher due to our jobs we could not live together properly and I realized with passage of time that my husband avoids sex with me that he ejaculate outside most of time and we have no children in two years of marriage , He does not support me financially and demands money from me, In such situations I become frustrated and he did not leave his affair  so I asked for  divorce  but he refused and said He will not give divorce and I should  go to the court to get khula so I went to the court and court fask our nikah, He knows all this he also hired  a lawyer for court proceedings so he agreed, Now my question is that is the court decision as per Islamic teachings? As there is no way for me except this .

Allah is not cruel like my husband who torture me, there is a way for me.

A:

Waalaykum al-Salam
Thank you for your question.

I am saddened to hear of your situation. It is obligatory on a husband to provide for his wife, and whatever that she earns is her own property and none others.

In your situation, civil divorce is not an Islamic divorce. Meaning he has to Islamically divorce you to be free from the marriage commitment.
Divorce has to have the following conditions to be correct:

1- You have to have two believing adults as your witness
2- The woman has to be clean of her menstrual period and also shouldn’t be pregnant
3- Proper Arabic words need to be uttered for the act to take place.

However, since he has chosen to misuse his authority to divorce, you can first seek some assistance from a person who he will listen to, to divorce you Islamically. If not, or he doesn’t agree, then you can certainly approach a local Aalim to guide you further. Your Marja’a has full authority to recite your divorce without your husband’s consent if they find the reason of divorce to be genuine.

I pray your issues is resolved.
regards,
N.S.Jaffery