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Staying in a Marriage for the Kids: Trust, Abuse, and Divorce

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My wife wants us to stay in the marriage for the sake of the kids. She does not trust me and I have hurt her many times. But I know she wants us to stay together for the sake of the kids. Also I know that she wants to abuse me mentally as she has done for the past seven years. I have done wrong and I admit it. However I know that all she wants us to stay together for the children, but I am 100 percent sure that she also wants to abuse me verbally so that I can be punished. Is this correct? I don’t want to be with her anymore but everybody feels that I should not divorce her for the kids. I feel I will just be living a lie and I feel that if she does not care about me, why should I live with her. I am fully prepared to look after my kids following the sharia. Please advise, is she correct or do I have a right to get a divorce?

Bismillaah

A: You do not have to divorce her, but request her to exempt you from marital responsibilities.

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

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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