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Husband not prepared to issue a divorce

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: My husband is an alcoholic and separated from the past four years. He is not willing to give Talaaq nor accept Khula. We approached many ulema, still no results. He doesn’t come for a discussion when masjid committees call him, doesn’t respond to the masjid. I need advice and guidance in such case where husband is not willing to release even if I am ready to give back mahar. He just harasses and give troubles. He is an alcohol addict. He will be missing from the house for months together, some one has to find him and admit him in a de-addiction center. Again after a month again he goes missing, even now he is missing. I can produce the medical certificate regarding his hospitalization at alcoholic de-addiction centers. If I approach through court and lawyer, it is a burden I can’t bear. I have a 5 year old son too. Need guidance in such a case to get out from this marriage.

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A: We suggest that you go to the Jamiat of your locality and ask them to assist you. After following the necessary Shar’ee steps, they may annul your nikaah.

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

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

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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