Fatwa ID: 06378

Answered by: Alimah Zakiratul Hoque

Question:

I was married in January 2014, I and my husband had issues from day one. I asked for talaq and he refused. I was pregnant and knew that I can’t live with him any longer. I left the country and moved to the UK in May 2014. since then I gave been living with my son. my husband hasn’t tried to contact us or get in touch, he has been engaged to other women, and he still refuses my family when they go and ask him for Talaq. what should I do?

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

Firstly, you should try to resolve the issues between yourselves or through a family member acting as a mediator. Talaq should be a last resort when all else fails.

If your husband is refusing to give Talaq, you could try to offer him some money for Talaq. This is known as Khula.

إذا تشاق الزوجان و خافا أن لا يقيما حدود اللّه فلا بأس بأن تفتدي نفسها منه بمال يخلعها به فإذا فعلا ذلك وقعت تطليقة بائنة و لزمها المال

“When the spouses face constant discord and are apprehensive that they will not be able to maintain the limits imposed by Allah, then there is no harm if she seeks to redeem herself from him through wealth on account of which he will let her go. If they do so, an irrevocable divorce takes place and she is obliged to pay the money.” (Fawata Hindiyyah, Vol 1, Pg 519)

If you do Khula, you would essentially offer him money to give you a divorce. If he agrees, an irrevocable divorce will take place and you will need to give the amount that was agreed upon.

If this does not work, you could go to a Mufti or Shariah council who can contact the husband and take steps from there to help you resolve the matter.

Only Allah knows best.

Written by Alimah Zakiratul Hoque

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham