Fathwa, - Troubled marriage endedby divorce still troubled

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Question
I was married to a guy and I spend three worst years in my life with him and two years ago I left my house to my parent house, we had divorced by Australian law but he refuse to divorce me by Islamic law, I don't want to go back to him and I want Talaaq, because someone want to marry me, what can I do? According to Shariah, after certain time I should have the divorce from him. Please advice me because my ex-husband want money from me to divorce me and I refuse to give him any money, because I work hard for three years when I was his wife and he took all my money.
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 Muhammadis His slave and Messenger.
It is incumbent upon each spouse to live with and treat the other honourably. It is forbidden for a husband to take the property of his wife without her consent.
When answering a similar case we suggested that the case be taken to an Islamic court. The quote in our Fatwa: 88495states: "We advise the sister asking the question to take her matter to an Islamic court, if any, or to the Muslim community if there is no Islamic court, to look into the case and oblige the husband to fulfill his obligations according to the Islamic Jurisprudence. The judge is the person who grants divorce if the husband does not divorce her voluntarily. Thus, the questioner should know that there is no such 'self divorce' as stated in the question".
Allaah knows best.









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