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What should a wife do if the husband is abusive to her

Answered as per Hanafi Fiqh by DarulIftaBirmingham

My husband always speaks bad against my parents to other people and always shouts at me in front of any body, he also asks his parents(mother, sister, brother, father) to push me and ill treats me whenever they see me. My in laws do not love me and her mother tries to do any thing to separate us. What shall I do? No body can talk to my husband as he never listens to anybody and he is very stupid and stubborn.


 Answer:

Try to advise and explain to your husband in a nice and sweet way that what he is doing is having an effect on you and putting a strain in the marriage. If you can’t deal with the issue yourself, then you should resort to the mediation of either one of your or his family members.  

If these two avenues fail, then you can also ask for annulment of your marriage. You could take your case to an Islamic Sharia Council who can annul your marriage.

An Islamic Shari Committee can annul a marriage if they have at least three just persons sitting therein.  They should all be knowledgeable and well versed in Shariah laws on marriage and divorce.  An annulment issued by such a committee is valid in the Shariah.   (The Complete System of Talaq p.211)

An annulment of marriage can be effected in any of the following situations:

  1. The husband is missing completely
  2. The husband is absent with no known whereabouts
  3. The husband is incapable of maintaining his wife
  4. The husband is unwilling to maintain his wife
  5. The husband oppresses the wife such that he does not fulfil her rights
  6. The husband is castrated
  7. The husband is impotent
  8. The husband is insane
  9. The husband is afflicted with leprosy or any other illness which makes living with him difficult
  10. The choice of an immature when he/she attains maturity
  11. Husband or wife become apostate
  12. Foster relationship which only becomes known after Nikah  

(The complete System of Divorce p.213)

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Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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