Answered by Shaykh Abdul-Rahim Reasat
Question: Assalamu alaykum
If I am a woman seeking divorce, unhappy in my marriage for many reasons, is it permissible for me to seek annulment of my marriage if my husband will not give me a divorce?
He has not been financially providing for us for 5 years now. We get by through government money, money from his mother or my parents. That is just one of the reasons.
Can I do this locally with an Imam from a mosque? What is the process for a woman who is seeking annulment?
Answer: Dear sister,
As-salamu ‘alaykum wa rahmatullah wa baraktuh
I pray you are well.
If you’ll allow me, I can offer you some advice on this matter.
Not being provided for is sufficient grounds for seeking annulment of your marriage. There may also be other grounds depending on your situation. It is permissible, and there would no sin involved in doing so.
The situation, however, is delicate; and it might be best to avoid the annulment route if you can get him to issue a divorce himself. Going to a shariʾa council will involve paperwork, interviews, and detailed descriptions of the reasons why you will to leave him. It is usually a long, process if the husband is not co-operative.
This can also make matters complicated with regards to the children. It is in their interest that they have a healthy relationship with their father and his family if it is possible. Divorces and separations are very emotional times, and the pain involved can make people act in spiteful ways. Children are occasionally used against one parent or another.
It is important to remember that they have a right to have contact with the father, grand-parents, etc, and that it is in their interest to do so. Whatever you can do to minimise friction between them, you should, and you will be rewarded by Allah Almighty for this.
In summary, it may be easier to ask him directly for a divorce. Should he refuse to do so you can apply to a shari’a council for an annulment.
They usually ask for a written statement and details of witnesses, etc. Once they receive these documents they contact the husband for his side of the events. He is given a few weeks to respond. If he fails to do so, after a number of attempts they may call you in for an interview with the witnesses, and then they can annul the marriage.If there aren’t sufficient grounds to annul the marriage they will not do so.
This is the website of a council based in Dewsbury, England. The procedure and other details can be found there if you want more details. I’d say that most shariʾa counsels follow the same format.
May Allah remove all your difficulties.
Wassalam,
[Shaykh] Abdul-Rahim Reasat