Wants to divorce an abusive, neglectful, irreligious and dangerous husband
Fatwa No: 83250

  • Fatwa Date:9-9-2001 - Jumaadaa Al-Aakhir 21, 1422
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Question

I have married my husband 6 years ago. We got married in England Islamically and legally. During the course of the marriage he was very abusive physically, mentally, and he never provided for me and our two sons. He has also committed adultery several times, does not pray and has not fasted in the past Ramadans. I left my husband 4 months ago, and I took the children with me because I feared for my life and I no longer love my husband. I asked him for a divorce many times in the past and he did not want to give me one. I am currently going through a divorce in the US court system, but I still want a Islamic divorce. Is there any way that I can get a Islamic divorce without having to contact him or get his permission. He is very dangerous and has threatened to kill me and my children. I have also heard that there are certain conditions which nullify one's marriage due to not practicing their faith. Please email me back ASAP Insha-Allah. I would greatly appreciate it.

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

 

If what you mentioned in the question about your husband is true, then it is no longer lawful for you to allow him to have sexual intercourse with you as he is dissolute because of committing adultery and not fasting in Ramadan. He is also considered a non-Muslim for abandoning the prayer. Therefore, in this case, you do not need his consent and approval for divorce. But you need to register this divorce in an Islamic court if there is one. If you fail to find an Islamic court or an Islamic institution that can issue divorce for you, then you may try to register that divorce at a civilian court in the country where you live.

Allah knows best.

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