Answered by Mawlana Ilyas Patel
Question
Can I seek a divorce if my husband has not fulfilled his responsibilities for three years and is now forcing me to move to a non-Muslim country, leaving my elderly parents and stable halal job?
Answer
In the Name of Allah, the Most Merciful and Compassionate.
I pray you are in good faith and health. Thank you for your question, and I’m sorry to hear about your situation.
If you have been making an effort to fulfill your responsibilities and to make your marriage work, but your husband has not been doing the same for the past three years, it’s important to address your concerns. Start by having an open conversation with him about these issues. Consider seeking mediation support from family members and a local Imam or scholar to see if there is a way to reconcile your marriage and address the concerns together.
Last Resort
Jurists say if a husband and wife cannot fulfill their rights, they should consider separation rather than sinning by violating each other’s rights. The husband should grant his wife a divorce in a principled manner. If the husband refuses to grant the divorce, the wife may pursue khul‘, which involves offering to repay her dowry in exchange for her release from the marriage. [Ibn ‘Abidin, Radd al-Muhtar]
If the husband remains unwilling to grant the divorce, the woman may approach the local scholars who know Islamic judicial principles and request their assistance in annulling the marriage.
Trust that Allah (Most High) knows what is best for you. Pray Istikhara for guidance and ask Allah (Most High) to decree what is best (khayr) for you.
I would like you to go through the valuable answers and links below. Insha’Allah, you will receive guidance and direction.
Related
- What Is the Process of Asking Khul‘ from Husband
- Can Agreeing To Khula Result in Three Talaqs?
- Is ‘Idda Necessary If Someone Had No Physical Contact with Her Husband and Currently Going through Khul‘?
- How Does One Perform The Prayer Of Need (Salat al-Haja)?
- Khul‘ Archives
- Marriage and Divorce Archives
Why not begin your search for knowledge by signing up for a course on SeekersGuidance? You can choose from the Islamic Studies Curriculum or the Youth Islamic Studies Curriculum and progress through each course step by step.
I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat
Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.
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