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Abuse in Marriage and Divorce

Answered as per Hanafi Fiqh by Askmufti.co.za
Q: If the wife wants to leave husband due to his mental and physical torture, what is the procedure? For Khula does she need to get signnature from her husband and, if yes, what should she do if he refuses to sign?
A: In the case of continuous physical abuse or unbearable mental and verbal abuse by the husband, the wife should seek assistance from Ulema and senior people in the community, preferably family members, who must speak to the husband and instruct him to stop such abuse. The couple should be given counselling by Ulema and spiritual leaders. The husband should be forced to live in harmony and kindness with his wife, in keeping with the Commandments of Allah Ta’ala in the Holy Quran.

However, if this does not work and the husband refuses to co-operate with Ulema and counsellors, then the wife should ask the husband to release her from the nikah by issuing one baa-in talaaq.
If he refuses to do even this, then the next best option is khula’. Khula’ means the offering of money by the wife to the husband in exchange for a divorce. The acceptance of the husband is a condition for the validity of khula’. So he must agree in order for the khula’ to be valid and binding. Once he accepts and agrees to a khula’ then automatically one baa-in talaaq will fall and the sum of money agreed upon will become binding upon the wife.
If the husband refuses even the khula’ offer, then the last resort for the wife is to apply to a local Ulema council for a faskh i.e. annulment of the nikah. They will explain her how the faskh works.
Feel free to contact us again for more information in this regard
I pray that Allah The Almighty grant both spouses the ability to live with harmony and love, and safeguard the wife from harm and pain, aameen

This answer was collected from AskMufti.co.za, which is operated under the supervision of Mufti Siraj Desai of Darul-Uloom Abubakr, South Africa.

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