Fathwa, - Wants divorce from her jobless adulterous husband

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Question
Assalamu Alaikkum I really would like to get seperated from my husband.Let me menstion few things that made me write that i need divorce.My husband, basically he is an engineer, but never has gone for any job.I used to ask him to do something rather than sitting ideal at home.Actually i think of divorce is because of his immoral character.I mean, he has many girlfriends, even in front of me he used to talk to them, will go for outing with them, doing masturbation even in public places, having sex with different girls, drinking alcohol etc with the income what I am getting.I tried to correct him in all the ways, even consulted with counselors.The doctors told me it is a behavior and he has to change it himself.Then we both came to GCC in the year 2000.But unfortunately there was no change in his character and in fact here his adultery became more and when I stop giving him money he even start stealing things.Two Three times he has been caught by the police for doing masturbation in public places and for stealing.This all made me fed up and in 2004 my family told me about getting divorce and they have asked him to do so, but he looked at me so pathetic and confessed to me his mistakes and really begged me not to ask for divorce and promised he will become good.Then again I arranged another visa for him and we start living together.But again caught by the police and he got deported to India and on March 2006 I have gone to India for my holidays.Then he came to my parent’s house were I stayed.But again he tried to hug or kiss one 12year girl.Then i decided to end my 12years married life.But he is not at all ready to give divorce.we do not have children.So based on all these facts I desperately need your advice and the ways for doing Fazeh or Khulh as it is totally difficult to get Talak from his side. More over for the last 7months I don’t know where is he? Can I do Fazah or Khulh?I also would like to know whether it is approved by Indian Jurisdictions or not?
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.
First of all, we ask Allaah to make a way out to your difficulty, solve your problems and relieve your hardship.
As regards your questions, we have already clarified in Fatwa 88330that the wife is obliged to advise and admonish her husband if he is disobedient and sinful. If she is harmed by his persistence in sinning and in being negligent, she may ask for divorce orKhul')divorce in return for compensation the wife pays to the husband( by giving him back his dowry or whatever they agree upon. In case he refuses, she may take the matter to the Muslim judge in order to oblige him to divorce her, or he ]the judge[ may himself invalidate the marriage contract between them as clarified in Fatwa 89039.
Since your husband is as you mentioned in the question, then we advise you to separate from him by taking the matter to the courts of justice or any institution which may act as such in your country and grant you divorce.
Concerning the legal procedures in your country, we are not aware of them, as this is not the speciality of our site. Rather, you should consult specialist people in the field, like legal attorneys and the like.
Allaah Knows best.











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