My sister married in 1993.My sister came to know that his husband don’t have the ability to become a father,medical tests showed there is problem in the male. sister asked many times to husband to under go medication for problem but husband didn’t become serious,From past 4 years the husband didn’t intercoursed with his wife & indulged in bad habbits like having illegal relationships with girls, watcing xxx movies, viewing pronographic images on the net, beating her wife & also he started to drink.He have no respect for his elders, is very irresponsible person that he didn’t even give monthly (money) to her wife although his income is abt. 30000 to 40000 per month. In these conditions my sister is very upset & she is asking us to give her suggestion to what she shold do in these conditions. once she came to home from her husbands house deciding to live with parents but after 7-10 days husband came to take her back home.At that time my father only asked her husband 2 take care of her & didn’t asked husband abt. his habbits.My sister is very upset from the habbits of her husband as her husband is not fulfilling the responsibilities of being a husband. Husband of my sister didn’t offer prayers nor he fast in the ramzan. some times by his choice he fast for 1 or two days.My sister & my whole family is very upset from the husband of my sister so kindly tell me what does islam and sariah says in these conditions. More over what should my sister do in these circumstances.
Rasulullah (Sallallaahu Álayhi Wasallam) said, ‘The most detestable among the permissible things in the sight of Allah is divorce.’ If there is a dispute between husband and wife, they should first try to resolve it between themselves, failing which, Allah says, ‘Two persons representing the husband and wife respectively should arbitrate and amicably resolve the dispute.’
As far as possible, a divorce should be avoided. However, after exhausting all avenues of reconciliation, as a last resort, Allah says, ‘Keep with principle or release with principle’. If the husband and wife cannot fulfill their respective duties to one another, then instead of committing a sin of violating one another’s rights, they should separate. The husband should release his wife with principle by giving her divorce. In such a situation, if a wife seeks for a divorce, she will not be sinful. If the husband refuses to divorce her, she may make Khula, i.e. offer to repay her dowry to him in lieu of him granting her the divorce. If the husband is still spiteful and withholds the divorce, the woman may contact the Úlamaa (scholars) of her locality who are well versed with judiciary principles of Islam requesting them to annul the marriage.
and Allah Ta’ala Knows Best
Mufti Ebrahim Desai