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Fatwa CenterConvict husband with criminal history
Question
Please guide me to the best decision. My husband was convicted of a crime and has been in jail for over a year. I will admit that I did not dig deep into my husband's background before marriage but I did know he had a prior conviction and was on probation. The crime he has pleaded "no contest" to deals with a teenage girl (non-Muslim). I want to work things out when he is released but I am unable to trust him and we have had major arguments in the past. I am able to work outside the home and care for my children. Would it be better to seek my divorce, and if so, what is the waiting period?
Answer
Praise be to Allah, the Lord of the World; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
Probably being with your husband, making efforts to correct him and guide him to the right path is better than getting separated from him, above all if you have children from this husband. Separating the children from their father might lead to their having many problem due to the failure of this family life.
Therefore, we advise you to make every effort to guide him to the way of Allah; he may listen to you, repent from his sins and become steadfast.
However, if he does not accept your advice and does not give up his bad practice then you are permitted to seek divorce from him. Your waiting period after divorce is the waiting period of any divorced woman that is mentioned in this verse: {And divorced women shall wait (as regards their marriage) for three menstrual periods, …} [2: 228]. It means these women who are not pregnant and who still menstruate.
If you are pregnant then your waiting period continues till giving birth. If you are not among those who still menstruate then your waiting period is three months.
Allah Says (interpretation of meaning): {And those of your women as have passed the age of monthly courses, for them the 'Iddah (prescribed period), if you have doubts (about their periods), is three months, and for those who have no courses [(i.e. they are still immature) their 'Iddah (prescribed period) is three months likewise, except in case of death]. And for those who are pregnant (whether they are divorced or their husbands are dead), their 'Iddah (prescribed period) is until they deliver (their burdens), …} [65: 4].
Allah knows best.
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