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Valid Reason For Separation From Husband

Answered as per Hanafi Fiqh by DarulUloomTT.net

Q: Assalaamu alaykum,

The question is with regards to a wife and husband,
After a few accounts of the husband being abusive to the wife (physically and verbally) the wife has decided to terminate the marriage.
Other crucial details are that the husband was involved in drugs, and other prohibited things for example, there are information of the husband gambling and also allegedly attempting to have physical relations with other women and much more.
In the three years of marriage the wife has attempted to instil in her husband to perform prayers, fast, etc. But to no avail.
At the moment the wife had left the husband (going back to her country) as a temporary measure initially, however after much thought and deliberation she has decided to terminate the marriage. The reason for this is because although it has been just over a year with them separating, she has tried on many attempts to reconcile things between her and her husband/ (family too) however 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 reconcile things.
The dowry (mehr) of £17,075 has not been paid yet.
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 and what happens to the mehr? (and if they refuse to pay that too?)

A: Wa alaikum salaam.

In the present situation, (based on what you said), the wife has valid reasons for seeking a separation from her husband. If she had tried to get a separation through Khul’a and the husband has not accepted, then she should take her case to a committee of Muslims or Scholars who will look into her case, investigate the matter and then pronounce a formal separation between both parties.

With respect to the Mahr, the husband will still be required to pay it even if a formal separation is made by a committee.
In the case of seeking a khul’a, the wife can forgive the Mahr in order to get the husband to divorce her. If this happens, then the husband will no longer be required to pay the Mahr.

And Allah Knows best.
Mufti Waseem Khan.

Date: 17/9/2013

This answer was collected from DarulUloomTT.net, which is operated under the supervision of Mufti Waseem Khan from Darul Uloom Trinidad and Tobago.

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