Answered by Shaykh Abdurrahman ibn Yusuf Mangera
A sister in our Jammat’s daughter has alleged that her stepfather (sister’s husband) molested her… Tests confirm the 10 year old was molested… The brother is in jail, the mother believes her daughter, yet the brother maintains his innocence. The sister also disclosed that the brother has been a tyrant the whole marriage beating her and the kids etc… The whole jammat is siding with the brother and slandering the sister. What are the sister’s rights as a Muslim as well as the brothers. She wants Talaq as does he but being in jail how do they go about it? Please offer any advice as this is a very complex issue.
In the name of Allah the Inspirer of truth.
This is an unfortunate situation. Since the husband had intimacy with the daughter of his wife, his wife becomes unlawful upon him, however, a divorce needs to be pronounced for the marriage to be ended.
Since, the brother is also prepared to end the marriage and grant the divorce, it is a good thing. He can either write and sign a letter (in front of two witnesses) stating that he has irrevocably divorced his wife. This will effect one Islamic divorce. The other option is for him to state these words over the phone in the presence of two witnesses.
If he is not prepared to issue a divorce then the wife will have to approach a group of scholars in her area who can form an improvised Islamic judicial council and dissolute her marriage.
And Allah knows best.