Fathwa, - An abused wife may ask for Khul'

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Question
assalamalaikum,im married since 2009 but i left my husband 2011 because of mentally,emotionally and physically abusive husband and i can't take living with his brother on the same house.we are planning to get divorce but we found out that i was pregnant that time so divorce was cancelled but still i live alone on the whole pregnancy and he never give me anything or support me the entire course of pregnancy i went home to gave birth in my home country.after giving birth i came back hir in qatar to work again and he asked me to go back to him but i refused coz i dont like to suffer again what i suffered before to him now we are not living together for almost 3 years now but he still ask me to go back to him but as of now i want divorce but he refused i want to go to court to file khula but i want to know the consequence on doin that coz he told me if i will go to court he will file "bayt al taha"and the court will force me to back to him?i dont like to happen to me please i want your help and guidance on this matter i want to move on and have a peaceful life coz i already suffered a lot from him...thank u...salamalaikum
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, is His Slave and Messenger.
If your husband harms you by abusing you physically or insulting you or not spending on you or not providing you with a separate accommodation, then you have the right to seek divorce from him through the judge. For more benefit, kindly refer to Fatwa 131953.
If he does not harm you but you hate him and are not able to live with him and fulfill his rights anymore, then you may free yourself from him by Khul’ )i.e. divorce at the request of the wife who pays a compensation(. If he does not agree, then the judge, according to the opinion we adopt here in Islamweb, should force him to do Khul’ and not force you to return to him.
Allaah Knows best.

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