Marital Life

Answered according to Hanafi Fiqh by
My husband’s family has mentally and physically tortured me as my marriage to their son was against their wishes. My husband was impotent and so we adopted a child. Now he somehow got himself treated for his impotency so he wanted to get rid of the child and me. I objected to this. He was also involved with another woman. Now he wants to start a new life. Two years back he left home and never answered our calls or sent us money. I managed to get a small job so now he has started telling everyone that I am happy without him and so he would divorce me according to Shariah without giving me anything. He wants me to leave the house where I live for him and his new wife as it belongs to him. My husband is a filthy rich man and I earn a very small amount and I have to support a child also. I am 45 years old and my husband is 48 years. We were married for 18 years. We have seen very difficult times together. I have no one to support me and nowhere to go. Can a man remarry like this?

بسم الله الرحمن الرحيم

(Fatwa: 883/830/N=1434)

As per the question mentioned above provided the details provided therein are correct, Islamic Shariah dislikes that a husband gives talaq to his wife without any reason and marries another woman whom he loves, rather it is deplorable and bad. He should not do so. May Almighty Allah give him right understanding. Amen! You should also pray Almighty Allah that his mind turns from that woman and he starts living with you a happy marital life:
قال في رد المحتار (4:428 ط مكتبة زكريا ديوبند): وأما الطلاق فإن الأصل فيه الحظر بمعنى أنه محظور إلا لعارض يبيحه وهو معنى قولهم: “الأصل فيه الحظر” والإباحة للحاجة إلى الخلاص فإذا كان بلا سبب أصلا لم يكن فيه حاجة إلى الخلاص بل يكون حمقا وسفاھة رأي ومجرد كفران النعمة و إخلاص الإيذاء بها وبأهلها وأولادها ….. اهـ

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband