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Fatwa CenterShe wants to divorce her negligent abusive husband who is in jail
Question
If a Muslim male goes to jail for a crime he did commit and left a pregnant Muslim wife home can the Imaam give her a valid divorce? The Imaam went to the male in jail and told him the woman wanted out of the marriage, and told him of the woman's request. Also, before he went to jail he was doing horrible things including beating her, adultery with non-Muslims and not maintaining her so is the divorce valid?
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 Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
Divorce is in the hand of the husband according to Islam. He is the one who can divorce his wife. So if the husband utters the word divorce intending it deliberately then she is divorced. But the divorce cannot be confirmed unless he testifies to that effect or two witnesses attest to it. If we suppose that divorce did not take place, we advise this woman to be patient about her husband. She should advise him and endeavour as much as possible to turn him into a righteous man, as there is much good in this for him and for her. If he takes heed, all perfect praise be to Allaah, but if he continues not to spend on her and commits adultery and beats her, then she can ask him to divorce her. If he does not accept her request, it is permissible for her to take the matter to an Islamic centre to relieve her from such harm. Being pregnant or not does not affect her asking for divorce.
Allaah knows best.
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