I was engaged to Mushtaq Ahmad Shah and the Nikah was performed on 04-03-2004. However the marriage ceremony (on which zafaf/ Rukhsati that takes place as per custom) has not taken place till today because of the rude, cruel and inhumane behaviour of the to be husband (Mushtaq Ahmad Shah). On 18-05-04 he came to our house, beated and tortuted me mercilessly.Since then this dispute has started.On 11-08-2004 he came to the University and misbehaved with me in front of the students and teacher thus humiliating me. Keeping his treatment in view even before the actual marriage (Rukhsati etc), I along with my parents feel that this union will not be of any happiness rather will be full of miseries and problems. Also I fear that I will not be able to obey him properly and indulge in gunah. I approached directly and indirectly (through various Islamic Institutions i.e, Darul Uloom) to him for talaaq/khulah so that I would get free from his clutches. However he is neither giving talaaq nor compromising for khulah. Instead he threatens that he will neither give talaq nor khulah till life. Due to his bad and mischievious treatment, he has not only hurt me physically but also mentally/psychologically and undoubtedly it is not possible for me to live a happy and peaceful married life with him in future. As such it is requested please guide me in the light of Shariah regarding following point. 1. What I can do if that rude and rough person is not ready to give talaaq nor is compromising for khulah. 2. Under such conditions, what action can I take to get rid of him. What are the various options and implications? 3. It may be noted that presently I am doing PhD at University of Kashmir and am of the age 32 years and am wholly and solely dependent on my aged parents. I have no personal income or assets. (It may be mentioned that Mushtaq Ahmad Shah is not responding to the various Darul Fatwas directives. As such it is requested under such conditions what are the ways for legal separation from him according to Shariat Laws. ) Hope for your early reply Sister in Islam Wa asalaam
Answer:
(Fatwa: 768/718=L/1429)
In the above-mentioned case, when there is no way for reconciliation between you and it is difficult for you to maintain the limit set by Allah, and your husband neither divorces nor he is ready for khula then you should take your case in any nearest Shariah Panchayat or Darul Qaza. They will do the necessary investigations and give a Shariah-compliance verdict.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband