NAJIMUDEEN M - INDIA : Fathwa, - What to do with negligent abusive husband

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Question
I would like ask question about marriage, my relative, Al-Hamdulillaah is married 7 month ago from today I'm writing. The wife is most patient person I ever seen she does have her downs but the husband, Subhanallah is worst husband a wife can ever ask for Allaah. He is alcoholic, smoker, does come home some nights, he does not support her financially he beats up her since they got married fight after fight and many serenity between them. Last week he got drunk come home she was sleep he pick a metal bar beat up with her and she break her reps chest and almost die the physically damage he cause to he, he also smashed the house and break everything including frames hanging from that was Quran he abuse emotionally, physically and mentally. He is not good Muslim because he does not pray at all, during Ramadhaan does not fast most of it and he does not pay Sadaqah but still she does not want leave and she has no children, she fears about what might think of her she gets divorced or she might never get married in her head. He does let her work and study. Last when he hit her the police come and they ordered them to go to court if the orders for to be divorce is she divorced Islamicly? I and other friend fear she might mentally damage or her to commit un-thinkable. Please advice her because I told her I was writing you. Please get back to us as soon as possible.
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.
The behavior of your friend's husband is totally un-Islamic. Islam orders a husband to respect his wife, to bear all the legal expenses of his wife and to be kind and nice with her. See Fatwa 90138.
There are many reasons that justify seeking divorce from this man if he does not want to change himself. Not praying, not fasting, abusing his wife, etc. all are enough reason to seek divorce from him. Allaah Knows best.

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