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How can I get an Islamic and legal divorce from my abusive husband?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
Assalaamalaikum I need help in an Islamic Issue. I am in serious trouble. I hope i can get some help here. I would like to know certain things about how i can get dicorced from my husband. I am from India and after marriage i went to Bangladesh with my husband. I was married in the year 2003 , i have 2 kids. My husband tortured me very badly for all these years, he did not let me talk to my parents in India and tortured me in every possible way. Two years before somehow i managed to convince him to take me to India. We came to live in our parents house he tortured me here also. I told me parents about the matter but they are not ready to support me and they want me to continue to stay with him. My parents are planning to get me settled with my husband in India forcefully but i don’t want to stay with him. After sufferring his tortures all these years i do not want to stay with him and want to get divorce from him , but he is not ready to give me divorce. When we were in Bangladesh he has said that he gives me divorce many times , he has also told other people that he has given me divorce, which i think is a valid divorce in islam. My parents are not ready to accept that he has given me divorce and want me to go with him. He also says that he has never given me talaq whenever i try to tell my family members. He lies all the times and does not agree that he has given me talaq. How can i get seperated from him legally and by islamic rules please help me. All the years i stayed with him i did not let my parents know about his torture because i was afraid about my parents dignity would get spoiled. I gave him many many chances but he did not stop his torture. We are staying seperately from the last two years but he keeps coming here and keep creating problems. Please suggest the fastest and easiest way for me to get divorce from him. I have given him many chances to improve his behavious towards me but he has failed to do and continued to torture me in every possible way. Please suggest a way. Allah Hafiz


(Fatwa: 1271/1082=B/1429)

You are advised to get together some persons from your side and some persons from your husband’s side and put the matter before them. After listening to the talks of the two groups whatever decision they give it must be accepted. The talaq will not take place only by your saying until you present testimony of two reliable witnesses, or the husband admits that he has given you talaq. If there is no witness from your side and no affirmation from your husband, then there will be no Talaq and you will remain in your husband’s Nikah. Whatever suggestion your father is giving you is right and according to Shariah.

Allah (Subhana Wa Ta’ala) 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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