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Problem with husband – private

Answered according to Hanafi Fiqh by Askimam.org

I have been married to my husband for almost three years now and we have a beautiful baby boy almost two years old. From the time I have been married to him he lived with another woman and at the same time refused to give me a talaaq. He had given me so much trouble and pain in the past I can’t even begin to describe. Recently I took him back and I had tried to make him happy and put so much effort in this relationship it really was hard work. So for a month I tried my best to make him hapyy but still seems I can’t do that.

This is the longest that he has ever been with me one month and now it seems he is gone again. No word from him, no phone calls nothing. I really want a divorce but he always refuse. How do I go about doing that? Also if I don’t know where he lives or where he is how will I get a divorce? I can’t ask his family aswell as they won’t be honest about his where abouts. He is not working now and has never supported me or his child. I had to fight with him in court to get maintanance for his child which he did for a few months and now he is not working and has been living off me but I didn’t mind to help him. But just how can I get a divorce from him if I don’t even know where to find him because he also does not have a cell phone and refuse outright. Even if I see him he won’t give me a divorce should I ask for one. It is pointless being married to someone who does not want to be married to me I have tried to hard this past month to make him happy and please him but nothing works.

Right now he has to pay for furniture that he bought for the other woman and he had to give it to her in order for her to drop a case of assault against her. Now he needs to pay for this while he is with me which I feel is so unfair since he never did anything for me.

 

Jazaaka Allah

Answer

We take note of the contents of your mail and deeply sympathise with you.

According to the facts and points raised by you, your husband has miserably failed in fulfilling his marital obligations of maintaining you. If you have no source of income and he refuses to divorce you, you may apply for an annulment of your marriage from your local Ulama body. If you are from South Africa, you may contact the Jamiat offices (in Gauteng or Natal) or Muslim Judicial Council (in Cape Town)

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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