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londonfemale

how to divorce your husband

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PLease can someone advise me how a woman can annul her marriage or force her husband into divorce- A sister married a man from pakistan, who only wanted to come over for the VISA- once he came to the uk within a day or so he wanted to leave- he half heartedly stayed with his wife fo 6-8 weeks causing much trouble- He didnt ant to work, he was lazy and for the year he was married to her (10 months in pakistan and 2 months in uk) he never supported his wife at all- He has now been gone two years and has not called her in 18 months. He is only in the uk for the visa and he will not give divorce. This sister needs to find a way of divorcing or annuling the marriage withou his consent. Please advise how this can be done-

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PropellerAds

:D

true thats also my excuse not going pakistan. i have these ideas that if i get engaged/married then i have to WORK for her to come here, once i got the money she doesnt want to leave her family... :D

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There is one way. Which is called khula' in arabic. It means the wife says to the husband I'll give you 1000 for example, if you divorce me. If he agrees then they can be seperated.

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There is one way. Which is called khula' in arabic. It means the wife says to the husband I'll give you 1000 for example, if you divorce me. If he agrees then they can be seperated.

yes but he wont divorce because he wants his stay in the uk and he will never agree so we cant ask him! he has been gone since march 03 so i am tryign to fiind ways o fhaving this marriage annuled. i heard that if a husband leaves more than a certain amoun t of time the woman can annul a marriage....i need to help this sister somehow- we dont want to give him citizenship as then he will have won and ruined her life.

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:D

 

Try going to a qadi in Pakistan to annul the marriage. Explain the situation to the qadi in detail and, Insha'Allah, he will divorce the two. This was how my mother divorced my abusive father (:D) .

 

I hope that helps.

 

:P

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The scholars of today say if someones husband DISAPPEARS the wife will wait for four years. If he doesnt come back and she doesnt know where he is, then the marriage will be broken. She can marry again.

Other than that theres the thing I mentioned above. But thats all.

May Allah make things easy for her and keep her happy Ameen.

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Brother alikhaas999: Pakistani government is an Islamic republic by name. Islamic laws are'nt implemented there. Are you aure theres qadhis in pakistan? I mean the islmaic ones.

I wil look deper into this and if I find something, I will let you know Inshallah londonfemale.

Wassalam

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Brother alikhaas999: Pakistani government is an Islamic republic by name. Islamic laws are'nt implemented there. Are you aure theres qadhis in pakistan? I mean the islmaic ones.

I wil look deper into this and if I find something, I will let you know Inshallah londonfemale.

Wassalam

 

Alikhlaas.....could you possibly forward me the details of your mums qadi as we are in the UK and its almost impossible to find one ourselves as relatives in pakistan are unlikely to help.

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Brother alikhaas999: Pakistani government is an Islamic republic by name. Islamic laws are'nt implemented there. Are you aure theres qadhis in pakistan? I mean the islmaic ones.

 

Yes in areas NOT directly controlled by the Pakistani government...

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Alikhlaas.....could you possibly forward me the details of your mums qadi as we are in the UK and its almost impossible to find one ourselves as relatives in pakistan are unlikely to help.

 

Assalamu'alaikum,

 

I will do what I can, sister. Please be patient as I contact my mum in Malaysia. In the meantime, I have also contacted the Pakistani High Commission in London for any assistance they can give.

 

Wassalam.

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Assalamu'alaikum,

 

I will do what I can, sister. Please be patient as I contact my mum in Malaysia. In the meantime, I have also contacted the Pakistani High Commission in London for any assistance they can give.

 

Wassalam.

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Salaam,

 

Well since he is bothering you why don’t you bother him for awhile? Just don’t bother to get him the visa. Let him be attached to you since he wouldn’t give you the divorce. Let him suffer since he can’t get married while still being married to you with the law of this country. Let his passport expire let the immigration look for him. Tell the immigration that he only married you for your passport, let the law take care of him. You sit back don’t worry. We women always suffer in the hands of those brutal selfish men.

 

I am sorry if this sounds horrible but it makes me disgusting to think that people still do these things.

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PLease can someone advise me how a woman can annul her marriage or force her husband into divorce- A sister married a man from pakistan, who only wanted to come over for the VISA- once he came to the uk within a day or so he wanted to leave- he half heartedly stayed with his wife fo 6-8 weeks causing much trouble- He didnt ant to work, he was lazy and for the year he was married to her (10 months in pakistan and 2 months in uk) he never supported his wife at all- He has now been gone two years and has not called her in 18 months. He is only in the uk for the visa and he will not give divorce. This sister needs to find a way of divorcing or annuling the marriage withou his consent. Please advise how this can be done-

 

 

assalaamu alaykum,

 

she needs to go consult an alim about this, the local imam or alim should grant divorce under these circumstances, actually khul' should be given even if the sister doesnt like the brother, nevermind neglecting her like this, insha'Allah she finds a pious husband soon

 

why doesnt she just report him to the govt?

he'll be kicked out straight away.

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assalaamu alaykum sister,

 

please check out the following fatwah,

 

The wife has the right to ask for a divorce from her husband if she cannot bear his bad treatment. This does not mean that she does not accept the decree of Allaah. Indeed in some cases it may be haraam for her to stay with a husband who commits major sins and whose children are not safe from his evil influence and bad treatment. As divorce is allowed in Islam and it may even be obligatory to ask for a divorce in some cases, there is no need to think that this may go against belief in the divine will and decree, because Allaah has decreed both marriage and divorce.

 

"you can't post links until you reach 50 posts_63.175.194.25/index.php?ln=eng&ds=qa&lv=browse&QR=45600&dgn=4"]you can't post links until you reach 50 posts_63.175.194.25/index.php?ln=eng&ds=q...&QR=45600&dgn=4[/url]

 

or this one...

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With regard to what you mention, that a woman in your country might arrange her own divorce through the man-made laws, if this is for a reason for which it is permissible to seek a divorce, such as disliking her husband, not being able to stay with him or disliking him because of his immoral ways and indulgence in  haraam actions, etc., there is nothing wrong with her seeking divorce, but in this case she should divorce him by khula’ and return to him the mahr that he gave to her.

 

or this one...

"you can't post links until you reach 50 posts_63.175.194.25/index.php?ln=eng&ds=qa&lv=browse&QR=26247&dgn=4"]you can't post links until you reach 50 posts_63.175.194.25/index.php?ln=eng&ds=q...&QR=26247&dgn=4[/url]

 

or this one...

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this one...

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this one...

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this one...

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this one is very good for you...

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this one good also,

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insha'Allah all this helps sister and if you take this to a good imam in your community then he should grant you divorce, and also i would still recommend you get him kicked out of the country and warn everyone you know so he cannot do this to anyone else in your family.

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Yes in areas NOT directly controlled by the Pakistani government...

 

 

:D

 

A Qazi is a judge in English, what laws they practice is another matter and also how (procedural laws). I do not agree with you that Islamic laws are not practiced there. Laws of Inheritance and that of Family Laws are according to Islamic Traditions and Sharia. You should definately go and apply for Khula. It is an Allah given right to women and you will have no difficulties annuling your marriage. I am just so sorry you have to go through this. My thoughts and prayers are with you!

 

 

Laevanay

 

btw: I was a lawyer in Pakistan.....

Edited by laevanay

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:D

 

Dear sis londonfemale,

 

After talking to my mum, it becomes clear that qadis in Malaysia have no official juristiction in this matter. However, she says that it should be possible to annul the marriage in Pakistan by returning to the authority that married the sister as stated in the marriage certificate (I hope she has one). This way she can avoid any legal challenges to the status of the marriage at a later date. I still haven't gotten word from the Pakistani High Commission yet. I will keep you posted about any developments.

 

 

Brother Laevanay,

Could you perhaps help us by letting us know where the sister can go to apply for Khula in Pakistan. Jazakallah Khayr in advance.

 

:D

Edited by Alikhlas999

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THANKYOU FOR ALL YOUR RESPONSES BUT THERE ARE AF EW PROBLEMS;

1. WE CANNOT GO TO PAKISTAN NOR DO WE HAVE ANYONE TO HELP US OVER THERE.

2. A DIVORCE IS ESSENTIAL AS THEY HAVE ALREADY BEEN SEPERATED FOR TWO YEARS AND IT IS BETTER FOR HER TO DIVORCE AND REMARRY-

BUT THE PROBLEM IS HOW DOES A MUSLIM WOMAN DIVORCE AND WHAT ARE THE PROCEDURES?

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sister, as i was listening to a lecture today something similar to this question came up. im sheik said that a wemon can divovce her husband. simple give back to mahr. if there was not even any mahr go see a local imam, explain the sistualion, because he can intervene and desolve the marrige in certain reasons. do this man pray, if he does not mention it to the imam also, because a beliving wemon cannot be married to the kafir. and salat is the difference between us and the kaffir

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:D

 

Sister Striver, you have given the religious grounds for annulment where the husband disappears. But, my reading tells me thatt he man has not disappeared. He is simply not fufilling his obligations as a husband. I believe that calls for annulment without a khula. Walla o Alam.

 

As for the suggestion by brother dawud_uk regarding informing the government, I believe that course should be taken by the sister to teach this chap a lesson. If she approaches the relevant authorities and proves that he is not entitled to stay as he is not technically her husband, they will deport him. Then she may proceeed with the divorce through the local imam. It may be better to ask the local imam first whether this should be the sequence.

 

Wassalam

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as-salaam aleikum wa rahmatullahi wa barakatuhu,

 

It sounds like this qualifies as eelaa since its been more than 4 months (explained below-- see the bold red text):

 

Question:

 

 

I find many topics concerning moslem women and the punishment of ignoring or avoiding their husband in sexual matters.But I would like to know the rights of a woman when this problem is visa-versa, and it's the husband who is denying the wife of her right. And if the husband is ill, does he still not have the obligation towards his wife?

 

Answer :

 

Praise be to Allaah.

 

When a husband deprives his wife of the right to intercourse, the scholars call this eelaa’. Eelaa’ means the vow of the husband who is able to have intercourse never to have intercourse with his wife, or not to have intercourse with her for more than four months. The evidence for that is the aayah (interpretation of the meaning):

 

“Those who take an oath not to have sexual relation with their wives must wait for four months, then if they return (change their idea in this period), verily, Allaah is Oft-Forgiving, Most Merciful[al-Baqarah 2:226]

 

It was narrated that Ibn ‘Umar (may Allaah be pleased with him) used to say concerning eelaa’: “If the period of eelaa’ expires, then the husband has either to retain his wife in a handsome manner or to divorce her as Allaah has ordered� (al-Bukhaari, al-Talaaq, 4881)

 

Eelaa’ is forbidden in Islam because it is a vow not to do something that is obligatory. It is in effect a vow not to have intercourse with one's wife, either never again or for a period that exceeds four months; or else it means vowing that if one’s wife does not do a certain obligatory action or does a certain haraam action, he will not have intercourse with her. The fuqahaa’ also said that the one who does not have intercourse with his wife for more than four months without swearing an oath, in order to harm her and without having a valid excuse, also comes under the category of eelaa’.

The ruling on this matter is: that if he has intercourse with his wife during that period, then he has “returned�, because “returning� in this context means intercourse and in this manner the woman has attained what she is entitled to from him. If he refuses to have intercourse after the stated time limit has expired, then the judge should order him to divorce her if his wife requests that. If he refuses to have intercourse and he refuses to divorce her, then the judge should issue a divorce and annul the marriage.

 

And Allaah knows best.

 

For more information refer to Zaad al-Ma’aad by Ibn al-Qayyim, vol. 5/344

 

If it is the case that the husband is sick, please see Question No 1859, 5684

 

Islam Q&A

Sheikh Muhammed Salih Al-Munajjid (Islam-qa(contact admin if its a beneficial link))

 

fi aman Allah,

 

Ameera

Edited by Ameeraana

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.......................deleted as duplicated....................

............................

Edited by Aburafay

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:D

 

:D sister for the information. I believe it is a case for eelaa'.

 

Wassalam

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