Applying for faskh

Answered according to Hanafi Fiqh by

Q: My husband has issued his first wife with three talaaqs years ago but still continued living with her as a married couple. When we got married last year she requested him to give her talaaq again which he gave her three talaaqs again. After three months, he issued her again with six talaaqs which she refused to accept. Husband ask me not to tell anyone that he has irrevocably divorced her and claims he only wants to care for her. Husband then left me in august while I was pregnant had me thrown out of rental home. Didn’t bother finding out where I’m staying nothing. Accuse me of having affair, but was living with his ex-wife and even paying the bond of her house. He took back the car he bought me and allowed her to drive it. Took her on holidays etc. but refuses to set me free. I have consulted with three muftis and was told he doing a injustice upon me and my child who was born two months ago. Currently all his assets his house policies business she will inherited because he hasn’t change his will. Islamically he knows what he is doing is against Allah Ta’ala’s law but he doesn’t seem to care. A mufti has spoken to him. He said he will rectify his wrongs but he hasn’t. Will it be a sin upon me if I apply for a faskh because I cannot be involved in him committing zinah and pretending its okay. Also his ex is very abusive towards me and has always been and he allows it. She has even stated that he says my son is not his. Please advise.


A: Yes, you can apply for faskh.

And Allah Ta’ala (الله تعالى) knows best.


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)