Fatwa ID: 03349

Answered by: Mufti Muhammad Adnan​

Question

I have been married to my husband 2 years it has been a bad relationship he isn't on deen and I still married him despite fact he did drugs because he promised he would give up after marriage and his parents convinced me too however he didn't he lied about many things also found out after a year he was drinking alcohol so that was a shock even then I stayed and tried to make the relationship work. He has been an abusive person towards me always swearing, angry and even hit me a couple of times but still, I forgave over and over and gave him chances.

However, the second year Is when he mentioned divorce and that's when I left for a month he mentioned it to me 3 times to my face he wanted a divorce and then 2 times over text. However, I went back decided to Give him one final chance. He was ok 2 weeks but then went back to his old ways again this time being more angry and controlling.

I have left now because of the last argument he had where he threatened to kill me so couldn't stay in the house and also before I did he threatened me with divorce saying he was going to give it and couldn't wait to get rid of me. It has now been 4 months and his parents have agreed to do the divorce however now his grandma is getting invoked and said no she not even if a year or two goes by. I need help please as to what I should do?

He would've given me divorce but now his Grandma and family are playing games and I fear they may use black magic to get me back so please help me as to what I should do or can do to get a divorce jazakallah khair

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

Answer

If he mentioned the words of divorce in the future tense then it will not constitute a divorce. Divorce needs to be in the past or present tense (Ahsanul Fataawa v5)

It may be worth speaking to elders on both sides and organising arbitration and going back to our husband but putting down certain conditions beforehand. As divorce is the most detestable of permitted acts, it should only be a last resort. If everything else fails then you may contact your local Imam or Masjid and ask them to put you into contact with a Sharia Court.

Only Allah Knows Best

Written by Mufti Muhammad Adnan

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham