The question is with regards to a wife and husband. Due to several different reasons, after three years of marriage, the wife has decided to terminate the marriage. Some of these reasons are as follows: The husband has intermittently been abusive to the wife (physically and verbally). Other crucial details are that the husband was involved in the consumption of alcohol during the 3 years of marriage and other prohibited things such as gambling. During the latter part of the marriage, the husband began frequenting strip clubs and also allegedly attempting to have physical relations with other women and much more. The husband is not practicing. In the three years of marriage the wife has attempted to instill in her husband to perform prayers, fast, etc. But to no avail. The present situation is, the wife has left the husband (going back to her country) as a temporary measure initially, but it has been 14 months since. After much thought and deliberation, and several failed attempts to salvage the marriage, she has decided to terminate the marriage. The main reason for this is because although it has been just over a year with them separating, her several attempts of reconciliation between herself and her husband (family too) have been unsuccessful. The husband and his family do not respond at all, to the extent that they also changed their telephone numbers so that the wife cannot get in contact to settle things. The dowry (mahr) of 17,075 has not yet been paid. If the husband and his family refuse the right of a khula from the wife, what will be the next step that the wife should take? How does the wife obtain release from the marriage? Also, what happens to the mahr (and if they refuse to pay that too)?

Answered according to Hanafi Fiqh by Darulifta-Deoband.org

بسم الله الرحمن الرحيم

(Fatwa: 1511/1173/B=11/1434)

The wife should carry her case to any nearby Shariah Panchayat. And follow the decision which they pass after investigating the case.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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