Fatwa ID: 05193

Answered by: Mufti Eunus Ali

Question

Salaams hope you well I wanted to ask I am separated from my husband since April we had some issues last year which I left home went through the courts to file for divorce but due to my family getting involved i dropped the court case to give it another go my family had set rules for him that he accepted at the time but he never accepted them due to social services being involved he was removed out of house till the assessments were done he never provides for me or the kids I go out to work and pay for all myself and kids necessities he works but sends all money back home argues all time and now he has gone Pakistan leaving me with all the finances and bills and the kids to do by myself i applied for child maintenance but cant get till he back in country I don’t want to get back with him I have gone through so much can’t live like this his family know but they taking his side he locked me in house took everything off me to a point were i went into depression was hard for me to pull myself out of it but managed I can’t live like this I know divorce not option but I cant live with someone who dont want to forget the past i need to move on with my life plz can you tell me what option i can take

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

Answer

In regards to your question there are three possible options:

• Talaq: In Islam, it is not necessary for a couple to go through a court if they want a divorce. In Islam divorce is a simple process. If the husband issues a talaq (divorce) to his wife, after the Iddah (waiting period) she will be separated from him and permitted to marry elsewhere if she wishes to. (Marriage- A Complete Solution, Page 77, JKN Publications)

• Khul’a: Allah has stated in the Quran: And if you fear that they would not maintain the limits of Allah (i.e. marriage) then there is no sin upon them both in what she (the wife) gives up to secure her release. (Surah Al-Baqarah Verse 229)

In light of the above-mentioned verse, if the couple cannot maintain their marriage and the husband refuses to issue the wife a talaq, it will be permissible for the wife to give some money or wealth to the husband, which is agreed upon by both husband and wife, in exchange of releasing herself from his wedlock.

It is important to note that it is necessary for the husband to agree to the khul’a for it to be valid.

If the husband agrees to the khul’a, the amount will be compulsory for the wife to pay to the husband and a talaq al-ba’in (divorce absolute) will take place. After completing the iddah (waiting period) the wife will be permitted to marry elsewhere if she wishes to.  (Marriage- A Complete Solution, Page 85, JKN Publications)

• Islamic court or Shariah council: If the above two options are not available, the wife may present her case to an Islamic court. The Islamic court will then review the case along with the evidence and come to a decision in regards to issuing a separation or not which will be binding on both parties. (Buhuth Fi Qadhayaa Fiqhiyyah Mu’aasarah, Volume 2, Page 183)

Only Allah Knows Best

Written by Mufti Eunus Ali

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham