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:

MY MARRIAGE HAS BEEN BASED ON NOTHING BUT LIES FOR THE LAST NINE MONTHS, I HAVE TRIED OVER AND OVER AGAIN TO TRY AND HELP MY HUSBAND RESOLVE HIS ALCOHOL AND DRUG USAGE, BUT NOTHING IS HELPING. I DO KNOW THAT A PERSON HAS TO WANT TO HELP HISSELF, BEFORE ANYTHING CAN BE RESOLVED. WE ARE BOTH AMERICAN MUSLIMS, SO MY QUESTION TO YOU IS WHO CAN I GO TO FOR SUPPORT AND FOR POSSIBLE DIVORCE PROCEEDINGS. THANK YOU VERY MUCH. 

(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:

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.

Your Question: SO MY QUESTION TO YOU IS WHO CAN I GO TO FOR SUPPORT AND FOR POSSIBLE DIVORCE PROCEEDINGS.

May Allah Subhanah make your trial easy for you, help you, have Mercy on you, and guide you to the right decision which is best for your life in this world and the Hereafter.

You may approach the brothers and sisters of your local Islamic Centre, or even the imam or leader of your local mosque, and they should and will be able to guide you on how to initiate divorce proceedings according to the laws of the State where you live in.

If the Shariah Judge is convinced about the abusive nature and habits of your husband, he will summon your husband and ask him to divorce you; and if the husband refuses the Judge is well within his rights to grant you an irrevocable divorce from your husband at your request, which is termed ‘khula’ in Islam.

Allah says in the Holy Quran Chapter 2 Surah Baqarah verse 229:Divorce may be pronounced twice; then either keep the wife with honor, or let her leave gracefully. And it is not lawful for you to take back anything out of what you have given them. There is however, an exception to this; if you fear that they might not be able to keep within the limits imposed by Allah, there is no harm if both agree mutually that the wife should obtain divorce by giving something as compensation to the husband (only when she initiates the divorce). These are the bounds set by Allah; therefore, do not violate them, for those who violate the bounds of Allah are indeed the ‘dhalims’ (transgressors)!

Allah says in the Holy Quran Chapter 2 Surah Baqarah verse 231:And when you have divorced your wives and they are about to complete their prescribed terms, then either retain them gracefully or release them generously. It is transgression to retain them merely for harassment. And whoever does that indeed wrongs his own self! Do not play with Allah’s Commandments, and remember that Allah has blessed you with a great favor. He admonishes you to show due respect to the Book and the Wisdom He has sent you. Fear Allah and know that He is fully aware of everything.

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