Ill treated, beaten wife wants divorce
Fatwa No: 83195

Question

I have a question. 6 years ago I was married Islamicly to my husband. Shortly after our marriage I converted to Islam. I fasted, prayed, and did my best to be a good Muslim wife. My husband started to beat me on a regular basis, stopped praying, and fasting. He even began to have many affairs with different woman. I am aware of this because they would call my house and tell me. He also drank alcohol. I left him and moved away to my family. I am currently seeking a divorce from the legal system here in the USA. I want to divorce my husband Islamicly, but I do not want to have any contact with him as I fear for my safety. He has threatened my life with guns and knives in the past. I have a restraining order against him currently. In the past I have asked him to divorce me and he refused. He said that he wanted to keep me married to him so he could keep me miserable. I would like to move on with my life and Insha-Allah one day marry another good Muslim brother to help me raise my two sons. Is there any way that I can divorce him without having to get his consent considering how dangerous he is? I also wanted to know if my marriage was already considered dissolved because of his extreme behavior? I left my husband 4 months ago. I would appreciate it if you could respond to my email as soon as possible Insha-Allah.

Answer

Praise be to Allah, the Lord of the Worlds; and blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.

May Allah Bless you, Make you to be steadfast on your religion and Grant you good reward for your troubles.

The way to get divorced from your husband is demanding him to divorce you voluntarily. If he refuses, you may seek divorce through courts in America since this is a possible way for you to be free from him.

We advise you to contact any Islamic centre in your area that provides social services for the Muslim community and the authorities there try their best to solve the problems of Muslims. You may contact the Islamic assembly of North America in North America through E-mail.

Allah knows best.
 

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