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Her Husband Beats Her And Does Not Spend On Her, And There Is No Muslim Judge In Her City

Nigeria Student Forum / Educational News / Religion / Muslim's Forum / Her Husband Beats Her And Does Not Spend On Her, And There Is No Muslim Judge In Her City

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Rufai Oladimeji
Lagos State University
English
100Level, Nigeria.
Question

I am a new muslima, Got married
with syrian man. I want to get a
divorce from him because he doesn
't sustain me anyhow, he beats
me, he is flirting with other women
and chating with them. he
threatens me with police and insults
me all the time and forces me to go
to work. He is breaking his oaths by
Allah. I asked our local imam to
make fast, but he always postponed
it and ignoring my calls already like
several months. Even knowing
about my husband alot of bad
stories from other people. Please tell
me, is it possible to make a divorce
myself, if my husband who is
breaking all my rights doesn't give
talaq and imam also ignores me? Is
It possible to release myself alone?.
As I am really frightened of his
constant threats even.

Answer

Praise be to Allah.
Firstly:
If the husband does not spend on
his wife, or he beats her, it is
permissible for her to ask for
divorce (talaaq). If he refuses to
spend on her, the qaadi (Muslim
judge) should force him to divorce
her, and if he does not do that,
then the judge may issue the
divorce (talaaq) himself, so as to
ward off harm from the wife.

It says in al-Mawsoo‘ah al-Fiqhiyyah
(41/66):
The scholars differed, in the event
that the husband is faced with
financial difficulties and his wife
does not want to stay with him, as
to whether she has the right to ask
for separation from him. There are
two scholarly views:

The first view is that she does not
have the right to ask for separation,
and the husband does not have the
right to prevent her from earning a
living so that she can spend on
herself. This is the view of Ibn
Shubrumah, Hammaad ibn Abi
Sulaymaan, ‘Ata’, az-Zuhri, al-Hasan,
Ibn Abi Layla, and others. This is the
view of the Hanafis.
The second view is that the woman
has the right to ask for separation
from her husband, because of his
inability to spend on her, and if he
refuses then the judge may
separate them.

This is the view of the Maalikis; it is
regarded as more likely to be correct
by the Shaafa‘is, and is regarded as
the correct view by the Hanbalis.
This separation is regarded as an
annulment of the marriage by the
Shaafa‘is and Hanbalis, and as a
revocable divorce (talaaq) by the
Maalikis. This was narrated from
‘Umar, Abu Hurayrah and Ibn ‘Umar
(may Allah be pleased with them),
and was the view of Sa‘eed ibn al-
Musayyab, al-Hasan, Ishaaq, Abu
Thawr, and others. End quote.
If this is the case when the husband
is not well off, then it is more
appropriate if the husband is well
off but refuses to spend on his
wife.

If there is a Muslim judge, then he
may order the husband to spend on
his wife and treat her kindly, then
if he refuses to spend on her or he
is not well off, and the wife wants a
separation, the judge may order a
separation.

Secondly:
If there is no Muslim judge, then a
Muslim community leader takes his
place, such as the imam of the main
mosque, or the director of the
Islamic centre. So you should take
your case to them, and they can
summon your husband and listen to
what he has to say, then if he
continues to behave in this manner,
they may separate you.

If the imam of the mosque refuses
to listen to you, then look for
another Muslim leader in your
country.
You do not have the right to annul
the marriage contract by yourself,
under any circumstances.

Al-‘Adawi said in his commentary on
Kifaayah at-Taalib ar-Rabbaani
(2/133):
Muslim community leaders may act
in the stead of the judge in that
case and in all other cases where it
is not possible to find a judge, or if
the judge is not of good character.

But in the case of a husband who is
not proven to be poor, and he
admits that he is well off, but he
refuses to spend on his wife or to
divorce her, then he should be made
to issue a divorce, according to one
opinion, and according to another
opinion, he should be imprisoned
until he agrees to spend on her.
If he is imprisoned and does not do
that, then he should be made to
issue a divorce. End quote.
With regard to the wording of the
divorce, it is sufficient to say words
that are indicative of that, such as
saying, “We rule that So-and-so be
divorced from her husband, So-and-
so, because of his refusal to spend
on her,” and the like.
And Allah knows best.

islamqa.info/en/answers/265694/her-husband-beats-her-and-does-not-spend-on-her-and-there-is-no-muslim-judge-in-her-city

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