muslim sister is working in a office where it is very easily possible to take bribe but mashallah she has a good characteristics and she don’t take the money. Her husband also works in another office. He some times insisted her to take the illegal money. He also has some physical problem(concerning fertility—-he don’t feel the desire for his wife).Now they are working in two different district and he may come to her place for 2 days after at list 20days.He is not also interested for getting a transfer. Also he doesn’t take care for her. He never bears her expenses. His family knew about his physical problem before the wedding and even he is not interested to take medical treatment. Wife wants to have a child but it seems that he is not interest and also he is not capable of being a fat! her. The attitude of the husband and his family seems that they wanted the weeding only for the sake of the illegal money that the wife might got form his work. So will it be permissible for the wife to divorce her husband.Please give detail reference of the quran and hadis in the answer. The entire family of the wife is very very anxious for this reason.Please make doa for the family.
According to the Shari’ah, the right of divorce is vested in the husband. The wife cannot divorce her husband. She may take the route of Khula and propose to the husband to return the Mahr to him in lieu of him giving the divorce. If he agrees on that, Khula will constitute one Talaaq-e-Baain, an irrevocable divorce.
If the husband refuses Khula, then her only recourse is to refer her matter to the local Ulama and request for an annulment of her marriage. The Ulama will apply the Shari’ah laws of Faskh and annul the Nikah.
and Allah Ta’ala Knows Best
Mufti Ebrahim Desai