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Khulla in case of husband not divorcing

Q:

my husband left me after 5 months of marriage and I was 3 months pregnant at that time. He didn’t take care of me even in those 3 months and after that, he left never given me a penny for any expense during this time my son born I did all expenses myself he didn’t come or did any contact after 2 months he called and tried to contact but now I don’t want to be with him I can’t forget that hard time which I spent all alone I want to go for khulla as he is not giving divorce please suggest me something…

A:

Salamun alaykum.
Thank you for your question.
2Question: A civil divorce, according to the law of a western country, took place. The husband is adamant not to grant his wife a shari’i divorce, does not provide maintenance for her and not accept mediation. What should the woman do, noting that her patience would certainly wear thin and, eventually, put her in an untenable situation (Haraj)?
Answer: She should seek redress with the Marji’ or his deputy. He would advise the husband to choose one of two courses of action: Either pay his wife maintenance money or grant her Islamic divorce, albeit by proxy. Should he choose neither, and that it was not possible to pay maintenance money, the Marji’ or his deputy should carry out the divorce.

Divorce in Islam

You can even ask an aalim.to help you. I hope and pray your problem gets solved for the best.

Regards
Zahra Davdani.