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Will my husband get a divorce if he asks for Talaaq / khula for 6 months?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
I got married 9 years back to a doctor in Lucknow. After marriage, I found him a big alcoholic. I have two sons from this marriage, so I kept on living with him despite of his alcoholism. In 2012, he stated abusing me physically. Then I took the decision to get talaq from him.
Since March’ 2013, my plea for khula/talaq is in Shariah court, Kanpur. In these 6 months, he has taken sons, jewellery and all house goods in the name of Shariah Rule. Now, he is absolutely saying NO for TALAAQ / KHULA. Now please help me out to get rid of him. As Shariah Qazi is saying, if man is not saying talaq a wife has no way. Please help me to get jijat from him.

بسم الله الرحمن الرحيم

(Fatwa: 1336/1336/M=11/1434)

The Qazi must have said it after considering your request which is correct as a Shariah ground is necessary in order to revoke the nikah. In case it is not found then Qazi too has no right to cancel the nikah. Thus the method of getting rid of the husband is that talaq is sought from him or he is convinced for khula.

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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