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Monday, March 3, 2014

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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Najimudeen M

Fathwa, - Seeks to obtain Khul' from her husband whom she knew through the Internet













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Question
I need someone to answer I'm lost I meet someone on the net last 2-years and we meet we get married Islamic way with witnesses inAustralia. I love him so much but he has no job when we meet he said to me he has exam to pass then will be together I wait for 2 years nothing happen he never had his exam now I'm in the USA he is in Sydney we don't talk since 2 month we had fight now I need to divorce can I do khulu and send him paper or what should I do he does not call me or try to find communication he never give Maher he dose not support me never he never spend penny for me, I just want to know what to do if I can do Khulu. Thanks waiting for your e-mail is urgent thanks a lot.
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.
If your marriage was completed fulfilling all the conditions that are compulsory for a marriage to be valid Islamicly then you have to try your best to fix your marital problem. The conditions of a marriage are mentioned in Fatwa 90410.
If living together and continuing this marriage becomes impossible then you may seek to obtain Khul' from him.
Allaah Knows best.









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Fathwa, - Marriage not consummated after nine years













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Question
As-salaamu Alaikum,
My sister got married to a man from my country who lives in America. It is nearly nine years now and the marriage has never been consumated. He has tried to get her a visa several times with no success. I am very worried for my sister and want the marriage to be disolved. Is this marriage still valid? if so can my sister terminate it? He makes promises to her all the time and I'm afraid my sister cannot get herself out of the marriage. As a brother can I terminate the marrige because my father is not alive?
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.
If this man married your sister via a valid marriage contract fulfilling all the conditions of a valid marriage, most important of which is the consent of the guardian of the woman, then she becomes his wife and remains as his wife if he has not divorced her. Not consummating the marriage throughout this period does not affect the marriage contract.
Instead of thinking of divorce, it is better to discuss the matter with the husband and think about the possible ways to join them. However, if it is not possible and there is no way but to divorce, then your sister has the right to ask an Islamic judge to cancel her marriage which is Islamically known as Khul’.
Allaah Knows best.









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