Fatwa #1804714 June 2009Pakistan
My husband drinks alcohol and he beats me up
Question
I got married 5 months back. after marriage i found that my husband drink beer. he told me that he is drinking since 16 years. i was shocked. i faught with him. 2 weeks ago i faught with him on this matter . my husband startedbeating and abusing me. he abused GOD, Qur'an and Islam. 2 days ago he again drank and abused ALLAH and Prophet Mohammad (S.A.W). i heard that who abuse ALLAH, his NIKAH is canceled. i just want to know that is my NIKAH Jaaiz with him or not? please do reply. i am in very tension.
Answer
In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatuh
Instead of merely fighting with your husband, you should be more diplomatic. By commiting a sin a person becomes a faasiq; but at times fighting with a person could lead him to utter such statements which will make him a kaafir. You should rather get an Alim to discuss this issue with your husband. Hopefully he will abandon the action.
As for the ruling of your nikah, it will depend on the exact words which your husband has uttered. Kindly explain to us what do you mean by abuse? What were the exact words that he uttered?
Alternatively, refer this issue to a local Alim (scholar) who can analyse the issue and pass an appropriate ruling.
حاشية ابن عابدين - (1 / 81 سعيد)
بل قالوا لو وجد سبعون رواية متفقة على تكفير المؤمن ورواية ولو ضعيفة بعدمه يأخذ المفتي والقاضي بها دون غيرها
And Allah knows best
Wassalamu Alaikum
Ml. Ismail Moosa,
Student Darul Iftaa
Checked and Approved by:
Mufti Ebrahim Desai
Darul Iftaa