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I would like your advice and can i ask for a divorce from him and if he will not give it to me can i ask islamic court for a divorce?

Answered as per Hanafi Fiqh by Askimam.org

I am a new Muslim sister of 2years and i married a new Muslim brother, we have been married for 7months, we live in a bad area in a bedsit which is by drug-users and people have tryed to break-in. My husband has not done anything to look for a new place nor a job. We both claim off the State (UK) although niether of us were looking for work. He asks to borrow money off me frequently, when i complained he said it is sunnah to ask to borrow money. We argue alot and i know someone else pays the rent because he can-not afford too, although he did try to claim housing benefit. I have now moved back to my parents (they are not Muslim) my husband wants me to stay with him but i feel very unsafe.. only now i have moved to my parents has he even tryed to look for a new place to live. Also i do not find him attractive, i married him after 2meetings because i felt very presurred by him and sisters i knew, i also had some family problems. I now feel i have made a mistake and can not image living with him for the rest of my life. I would like your advice and can i ask for a divorce from him and if he will not give it to me can i ask islamic court for a divorce?

Answer

It comes in a Hadith narrated by Imaam Abu Dawud (ra) that the most disliked Halaal act in the sight of Allah Almighty is the act of Talaaq. Meaning that even though this act is totally permissible but it is disliked by Allah, it can only take place in very extreme circumstances.

From what you have stated there seems to be a lot of room for one to save this marrige and avoid this act of Talaaq. People in the state of anger and desperation seem to take this root only later to reailize that the grass is not greener on the other side but then it is too late. What we can suggest is that you seek council from your local Ulama to guide you and your spouse on this all important decision so that all avenues could be covered before the proceeding of Talaaq could start. These sessions with the Ulama wil help you and your spouse understand the problems and be helped in seeking an informed decision.Remember one does not give up on life but keeps on trying and being positive and Allah guides those who seeks guidance.

May Allah help and guide in your deliberations.

and Allah Ta’ala Knows Best

Shaykh Irshaad Amod
FATWA DEPT.

CHECKED AND APPROVED: Mufti Ebrahim Desai

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