Fatwa ID: 09327
Answered by Mufti Nuski Cassim
Question:
Assalamu Alaikum wa Rahmatullahi wa Barakatuh,
I am a Pakistani Muslim woman currently residing in Saudi Arabia. I am seeking Islamic guidance regarding the dissolution of my marriage due to emotional and verbal abuse from my husband. He is refusing to issue a divorce (talaq), and I can no longer continue in this marriage safely or peacefully.
The abuse has included:
- Long silent treatment over minor issues
- Social isolation and discouraging me from interacting with others
- Sleeping separately for one week without explanation
- Leaving home late at night without informing me, while I was alone in a foreign country
- Recording my voice and making videos of me during arguments
- Using extremely abusive and degrading language towards me
- Using similarly disrespectful language about my father
These experiences have caused deep emotional distress and mental trauma.
Attempts at reconciliation through elders of both families have failed, as my husband refuses to change or accept advice.
I have already filed for khula in a Pakistani Family Court, as my legal domicile is in Pakistan. The first hearing has taken place, but my husband did not appear despite receiving the court notice.
Given this situation, I respectfully request your guidance:
- Will the khula granted by the Pakistani court be valid under Islamic law (Hanafi fiqh / Deobandi view)?
- If the husband refuses to cooperate and is absent, will the court’s decree alone be sufficient to Islamically dissolve the marriage?
I am ready to provide any further information or documentation if required. Your guidance during this difficult time would mean a great deal to me.
Jazakum Allahu Khayran.
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
The most abhorrent of permissible things in the eyes of Allah ﷻ is divorce.
Nevertheless, in being such, it is an outlet through which one can exit a marriage which is truly not fruitful nor safe.
We make du’a to Allah ﷻ that He cures you of the deep emotional distress and mental trauma this ordeal has caused you. May He ﷻ grant you relief. Ameen.
Concerning the situation, you find yourself in, the following needs to be borne in mind:
Khul’a (wife-initiated divorce) can only take place by mutual agreement between the husband and wife. Nevertheless, annulment of the marriage (faskh) can take place through the Muslim court or tribunal if the couple are in different countries.
If your husband did not appear in court due to a one-off situation or reason, then the court must provide him respite and attempt to reach out to him again a few times.
If, however, your husband, despite receiving multiple court notices through either phone call, email, postage etc., fails to cooperate and is absent then the Islamic court’s decree of faskh (marriage-annulment) is and will be sufficient to Islamically dissolve the marriage.
Hope this answers the question.
Only Allah ﷻ knows best.
Written by Mufti Nuski Cassim
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
References:
[1]
حَدَّثَنَا يَحْيَى بْنُ قَزَعَةَ، حَدَّثَنَا مَالِكٌ، عَنْ عَبْدِ الرَّحْمَنِ بْنِ الْقَاسِمِ، عَنْ أَبِيهِ، عَنْ عَبْدِ الرَّحْمَنِ، وَمُجَمِّعٍ، ابْنَىْ يَزِيدَ بْنِ جَارِيَةَ الأَنْصَارِيِّ عَنْ خَنْسَاءَ بِنْتِ خِذَامٍ الأَنْصَارِيَّةِ، أَنَّ أَبَاهَا، زَوَّجَهَا وَهْىَ ثَيِّبٌ، فَكَرِهَتْ ذَلِكَ، فَأَتَتِ النَّبِيَّ صلى الله عليه وسلم فَرَدَّ نِكَاحَهَا
صحيح البخاري، رقم الحديث: ٦٩٤٥