Fathwa, - Wants to divorce her gambling, drug-using husband

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Question
My husband and I have had many problems in the past about him gambling and drug use, which leads to him never being of home. I have left him to stay with my mum about 6-7 times and he refuses to stop, we have a 3yr old daughter together, and many people, including his parents, have told him to stop this behavior but he will not. He doesn't pray or fast and is not good to his family. I have recently moved back to my mum's house to stay, and I told him that I do not want to move back with him again. I told him that I want our marriage to end and that I want a divorce from him, but he will not accept this. He says no, that he loves me. I don't feel that I love him anymore. He has put me through so much; I can't give him another chance. What can I do? Is there anyway to divorce him in the Islamic way without him. I don't know what to do. I don't stop him from seeing his daughter; he is welcome anytime. Please advise me on what I should do or say. May Allah reward you.
Answer
Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
No doubt all that you have mentioned about your husband such as neglecting prayers, fasting, indulging in gambling etc., all are major sins. We ask Allah to grant him the guidance.
We advise you to continue advising him, asking Allah to guide him and requesting knowledgeable people as well to exhort him, probably he will return to the right path.
If he continues on his sins, you should take divorce. If he is not ready to divorce you then you should take Khula )divorce by giving him some money or something else.( If he does not agree to Khula then you should sue him in an Islamic Court there; otherwise consult an Islamic Centre or a Muslim organization in your area. They will take care of the matter and help you, Insha Allah.
Allah knows best.







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