Fathwa, - Wants to get divorce from her abusive husband and marry another man

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Question
Insha Allah, I believe you can advice me. I am a Muslim religious working woman married for 8years but with no children and more over my husband is not at all bothered about me or our life. Only thing is he comes for money or gold. We lived together in my house )As he doesn’t have one( without any major issues for 2 to 3years only. After that when I stop giving him money it became problems and my life became miserable. He torched me in all the ways. He does not live according to islam rules. Does major sins. Now for the last 2 years no news about him and I have not even seen him. My family approached his family for getting divorce but they were not ready to do anything. So what can I do to get separated from him and to marry another. Is it sin if I start talking or seeing another man who likes to marry me and take care of me? Can I marry this man without getting a divorce paper from the first? What does islam/Quran says about these situations?
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 for you from all your difficulties and facilitate your affairs.
You should know that the absence of a husband for this long period and his mistreatment to you is not considered a divorce. You are still considered his wife. Hence, you are not permitted to marry another man or to talk to any man for the purpose of marriage and the like; for more benefit, please refer to Fataawa 89027and 87134.
It should be noted that a woman is not permitted to talk to a marriageable man except for a need and provided the religious requirements are met. For more benefit, please refer to Fatwa 81356.
What you may do in your case is to take the matter to an Islamic court, or to an Islamic centre or any institution which serves as such in case there is no Islamic court, so that it would look into your case ]the absence of your husband from you[ and remove the harm from you ]by divorcing you from him[.
Allaah Knows best.








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Fathwa, - Wants to take Khul’ as she is not compatible with her husband

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Question
Assalam alaykum, Let me first of all thank you for this great web site which help many muslims around the world. May Alah reward you for it Ameen. My question is as follow: I got married 2 months ago and from day one I noticed that I am not compatible with him. I tried my best but in vain. The man has good values and practices Islam as much as he can, but his personal hygiene and his eating and table manners put me right off. Moreover, His level of education is so low that we cant hold a basic conversation and if we do have a conversation, it is always me correcting him as he has not got a clue. When I first discuss marriage issues with him he said that I dont have to work and I do not want to work either, but from the first month I have been paying from my own expenses and lately he has been asking me for money!! ) I told him I have some money saved(. I do not like anything about him physically and I fear that I will disobey him and therefore displease Allah. My dilemma is I live in a non muslim country and I cant go back to my original country just yet but in another hand I do not want to live with this man. Can I ask for Khulo from this man and ask my wakeel ) my dad appointed the local Imam as his Wakeel( to look for a pious man for me who will be compatible with me so that I can live in Hallal until we make hijra back to a muslim country? Also, can you explain to me the form of Khulo and how should it be performed, and what do I have to say and my husband for the Khulo to be valid? Do we need witnesses for the Khulo as I dont want to embarrass the man in the community and keep the kholo between us until the iddah is over inshallah? Wa jazaka allahu ani kolla aljazaa.
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.
Since that man is as you mentioned that he has a good moral character and is religious, then we advise you not to hasten to ask for divorce or Khul’. The best things that should be taken into account in marrying a person is religion and a good moral character, and all the things which you mentioned can be solved.
Therefore, we advise you to be patient with him and advise him in a good and gentle manner about all those matters. You should clarify to him that he is obliged to spend on you and not to take from your money. The same thing applies to cleanliness and other habits which you do not like about eating. All this can be solved and if this happens there would be no problems.
For more benefit, please refer to Fataawa 86646and 85361.
It might be that if you separate from him and married another man, you might be in a greater problem with the new husband than your first husband, and then you would regret when regrets will be of no avail.
Therefore, we advise you to take the matter easy and seek the Help of Allaah and then the help of the righteous and pious people whom you think will help you in rectifying your husband.
After all this, if you don’t find a way for reconciliation and you fear to be negligent in regard to the rights of your husband, then you have the right to ask for Khul’. If a wife gives a compensation for her husband in return for him separating from her, and the husband pronounced Khul’ or other words which mean Khul’, then Khul’ has taken place. For Khul’ to be effective, it does not need the ruling of a )Muslim( Judge; it is desirable to have witnesses about it but this is not an obligation.
If a woman obtains Khul’ from her husband, it is not permissible for her to marry another man until her waiting period expires and it is not permissible for her to marry except with the permission of her guardian.
The authorization in the first marriage is not enough; rather, it is your guardian who should authorize him in marrying you off to the other man.
Allaah Knows best.








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Fathwa, - She knew after marriage that her husband is Sufi

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Question
Salam aleikum A year ago I married a man and after a time he told me he follows sufism. As I am a new muslim I didnt know what that was. He is following sheikh Amin bin Abdur Rehman under silsila idrisia in multan pakistan. I feel strongly in my heart that I cant follow his path that he is demanding me to so now we are separeted. Its the first talaq. I tried to get khula but he made one talag. I need help and advice about this matter. Am I going against Allah and His commands or am I doing right to refuse him? Please guide me urgently what to do please. Wa aleikum salam
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 thank and praise Allaah Who guided you to Islam and we ask Him to make you firm and steadfast on His Religion until the Day you meet Him.
We advise you to seek beneficial knowledge, perform good deeds and befriend righteous and pious women, as these are the best things that help a Muslim woman remain steadfast on her religion.
Most of the Sufi sects that exist today are established on disbelief ideologies, innovations and superstitions. If the sect which you mentioned in the question is so, then you are right in asking your husband to divorce you and you are right in separating from him. If he wants to take you back, you should not accept; rather, it is not permissible for you to return to him if he believes in some disbelief ideologies until he repents to Allaah.
For more benefit, please refer to Fataawa 86462, 82017and 83615.
Therefore, we advise you to marry a righteous husband, and it should be mentioned that it is permissible for a Muslim woman to propose herself to someone whom she wants to marry provided she abides by a good moral conduct and bashfulness when she does so. You may also seek the help of some Muslim sisters in this regard.







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