Fatwa ID: 03327

Answered by:  Maulana Muhammad Afzal Hussain​

Question

I am messaging you as I want to ask you if my husband doesn't give me proper Haq am I entitled to a divorce in Islam, My husband is married to me in civil marriage and Islamic marriage but also has a second wife in Islamic law but it seems he doesn't give me and my children from him any attention and treats me like a servant to do all his second wife's work in their house.

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

Answer

The Prophet (SWS) said: "If any woman asks her husband for divorce without some strong reason, the odour of Paradise will be forbidden to her." [Abu Dawud:2226, Tirmidhi:1187, Daremi:2270] However a woman is allowed to ask her husband for Khula (redemption) If he wants to keep her without giving her rights (Haqq). [see: Aap ka MasaeelkiHaal, vol:2, Question:1369, Publisher: Bangladesh Islamic Centre Dhaka]

Author of 'Al-Hidayah' explained "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 hostility occurs on his part, it is considered disapproved that he take compensation from her." [see: Al-Hidayah, Chapter: Khul]

Only Allah Knows Best

Written by Maulana Muhammad Afzal Hussain

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham