Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Burhan Sahab,

ASKM,

I`m a regular reader of your islamic mails and i really feel very happy to know that there is someone to whom we can ask questions regarding islam and can clear our doubts.My question is regarding `Divorce`.

I want to know that if a husband is really very cruel to his wife like he gives physical torture,pressurizes her to bring money from her parents and does gair sharia things with his wife.In such case a wife can seek divorce from her husband??As husband is not ready to give divorce to her.

If the answer is `Yes` that in such case she can seek divorce from her husband then what is the procedure according to sharia??and which dua she should recite to get divorce from her husband??

I will be really happy and obliged if you reply my answer as this is not just a question ..This is a real thing happening in our family with one of our relatives and she is the one who told me to ask you this question.I hope Inshahallah very soon i will be getting answer of my question.

Thanx from all muslim brothers and sisters side for helping us and showing us the correct path of Islam.

Khuda Hafiz

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Woman seeks divorce from abusive husband

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant and the seal of His Messengers.

Q-1: I want to know that if a husband is really very cruel to his wife like he gives physical torture,pressurizes her to bring money from her parents and does gair sharia things with his wife. In such case a wife can seek divorce from her husband??

If the husband is cruel to his wife and does not honor and give her her due rights, she is well within her rights and there will be no sin upon her to ask her husband to divorce her, or initiate a divorce through a Shariah Court.

Q-2: As husband is not ready to give divorce to her.

If the husband is not ready to divorce her, she is well within her rights and there is absolutely no sin upon her if she initiates divorce proceedings in a Shariah Court.

Q-3: If the answer is `Yes` that in such case she can seek divorce from her husband then what is the procedure according to sharia??

She simply has to go to any Shariah Court and explain to the Judge about her husband’s misbehavior with her; or she may simply say she no longer wishes to remain married to her husband and seeks a divorce.

The Shariah Judge will call her husband and ask him to divorce her. If the husband refuses, the Shariah Judge has the right to declare an irrevocable divorce between the husband and the wife.

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 229: A divorce is only permissible twice: after that the parties should either hold together on equitable terms, or separate with kindness. It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah; so do not transgress them. If any do transgress the limits ordained by Allah such persons wrong (themselves as well as others).

In cases where the divorce proceedings are initiated by the woman, it is termed ‘Khula’ in Shariah terms. And when a woman seeks ‘khula’, the husband has a right to demand she repays him back the ‘mehr’ he had paid her at the time of marriage.

Q-4: and which dua she should recite to get divorce from her husband??
There is no particular dua prescribed in the Quran and Sunnah for a woman seeking divorce from her husband. The woman may beseech Allah Subhanah in her own language and ask the Merciful Lord to help her, guide her, and save her from the evil deeds of her husband.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

Your Brother in Islam,

Burhan