Talaq from husband doing kufr acts?

Answered according to Hanafi Fiqh by
Can a Muslim woman get talaq? My husband is on this site and asked the same question. He says only men are allowed to take talaq or fatwa for talaq! He is a Hindu. He said he will convert to Muslim to marry me. He did but after sometime he started to go to temples and pray for Durga Puja etc. I want to know whether women can take talaq or fatwa for talaq. My husband is a gone case. He misbehaves me. Always wants to have sex. He was married before too. He didn’t tell me that he was married and still now he didn’t take divorce from the first marriage. I want to have talaq with this man. Help me please. I and my children will die. And my real big sister helps my husband and tells him ways to torture me and gives him support but when my aunty asks to help me from my sister my sister says she helps me but in real she don’t and support my husband. She will read namaz and Quran and then also she tells lie! Help me please. Tell me some ways to get talaq.

بسم الله الرحمن الرحيم

(Fatwa: 1086/D-219/File-D=9/1434)

(1) Was he a Hindu or a Muslim at the time of marriage?
(2) How did he marry you? Was your nikah solemnized as per the Islamic method in the presence of two or more witnesses or not?
(3) Do you have any proof that he goes to temple and does Puja etc?
(4) Does he do Islamic practices (salah, fast, going to mosque etc) or not? Reply the above mentioned questions then we could give you a reply in this aspect.
Otherwise the common reply of your question is that it is a sin for a woman to demand for talaq without severe compulsion and problem. Yes, if a woman demands for it in compulsion and problem and the husband gives talaq in return then talaq shall take place. In short, talaq does not take place merely on the demand of wife. Also the woman cannot give talaq herself, rather it is necessary that the husband gives talaq though in response to wife’s demand or on his own choice.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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