Assalamu alaikum hazraat, my frnd who live in america married to guy who s pakistani and liveing in canada, after marry he start ignoreing her n keep abuseing n ofen beat also when she is pregnent, so she leave him n go back to america, that guy also get back to pakistan, after that they did not meet again, she have a kid now who is 4years n that guy has never seen his own kid, she want talaq from him n dont want to live with him anymore, but he denies to give talaq to her n keep threating her whnevr he calls her, so now how she get talaq? If he dont want to gv talaq then how she give him khula? She cant go pakistan or that guy cant go america, please help her,, thanks
Answer:
(Fatwa: 1186/981=L/1430)
In the abovementioned case, it is better that the boy is politely persuaded to give divorce or give khula? in return of money in a way that his wife will withdraw the mahr and then he will give the talaq in return of the mahr. If he is not ready to give talaq or khula?, the case should be taken to any Shariah Panchayat or Darul Qaza where the nikah will be cancelled in due procedure after enquiry and in case of denial from husband.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband