Fatwa #1403511 March 2006United States of America
Can a woman file for divorce with the seculiar courts to release her from a marriage of zulm where the man has been guilty of adultery?
Question
A man and woman married antenuptial contract. The man is guilty of adultery and when is exposed claims that it is his second wife.He did infact admit to his wife that he was having an affair and apologised to her saying that it is his nature, yet denies this to the public.Nevertheless, the 1st wife stays in the marriage for her two kids.After 27 years of zulm she now wants out of the marriage. She has no parents , nor brother , nor family, unemployed with no assets in her name. How does she come out of the cluthes of zulm and still secure a shelter for herself with a monthly income to run the home. Will she be permitted to take the matter up with the seculiar courts to release her from the zulm(physical,mental abuse).
Answer
The decree of divorce granted in a secular court does not constitute an Islamic divorce (Talaaq) if the wife is an applicant. According to the Shari’ah, the husband has the right of Talaaq. If a woman is oppressed and she requests her husband to issue her a Talaaq and he refuses, then the woman should contact her local Ulama body, for example, the Jamiat and present her case there. The Ulama will advise her accordingly. That may include an application for an annulment of her marriage.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai