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I need guidance to take Talaaq from my husband.

Q:

Salam,

I am a married woman who has separated from my husband over 4 years ago. My husband abused me and my children on a regular basis and regularly consumed alcohol and made accusations towards me for being unfaithful and also persistently forced me to engage in sexual relationships with other men and demanded to watch, up on my refusal I would be abused for weeks on end. For the last 3 and a half years I have been seeking talaaq and formal divorce in the U.K. Legal system. I am not financially stable to file for divorce. I have been passed pillar to post and no one in the community is willing to listen to my case or perform talaaq. My husband has not set foot in the masjid in over 20 years is not the kind who opens the door to anyone let alone communicate with outsiders

For the sake of Allah SWT, I urge the alim here to contact me and solve this matter as priority. I have wasted 4 years seeking freedom from 23+ years of physical and mental abuse. Please guide me and give me what I seek.

JZK

Salam

A:

Al-Salam Alaykum

First you must tell him and dispense him part or whole Mahr instead of Khole divorce. If he accepts you can have a divorce with his consent. If he does not divorce and he is not ready to correct his behaviour, In such cases you need permission from Faqih. You must contact them and explain your situation to them. First, they try to contact them if he refuses then by the permission of Faqih himself you can have a divorce without your husband’s consent. However, you must know it would take time because they have to try every way and take precautions as it is a sensitive matter.

If you can convince him to come with you to the court sentences to give you the Islamic divorce you should try that first because divorce with the consent of the husband is nearer to precaution.

best regards
Sayyid Madani