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Fatwa #364413 September 2001South Africa

What are women's rights regarding divorce if they are domestically abused by their husbands?

Question

Islam does not allow a female to give a divorce. What is the rights of the a woman if she is being violently abused by her husband. The husband is a drug addict and on occasion's beats the wife severly. This has been going on for about 10 years but the wife has kept quiet to preserve her dignity, however she can no longer take it, and therefore has comeout into the open. Please assist.

Answer

Rasulullah (Sallallaahu %C1layhi Wasallam) said, 'The most detestable among%0D%0Athe permissible things in the sight of Allah is divorce.' If there is a%0D%0Adispute between husband and wife, they should first try to resolve it%0D%0Abetween themselves, failing which, Allah says, 'Two persons representing the%0D%0Ahusband and wife respectively should arbitrate and amicably resolve the%0D%0Adispute.'%0D%0A%0D%0AAs far as possible, a divorce should be avoided. However, after exhausting%0D%0Aall avenues of reconciliation, as a last resort, Allah says, 'Keep with%0D%0Aprinciple or release with principle'. If the husband and wife cannot fulfill%0D%0Atheir respective duties to one another, then instead of committing a sin of%0D%0Aviolating one another's rights, they should separate. The husband should%0D%0Arelease his wife with principle by giving her divorce. In such a situation,%0D%0Aif a wife seeks for a divorce, she will not be sinful. If the husband%0D%0Arefuses to divorce her, she may make Khula, i.e. offer to repay her dowry to%0D%0Ahim in lieu of him granting her the divorce. If the husband is still%0D%0Aspiteful and withholds the divorce, the woman may contact the %DAlamaa%0D%0A(scholars) of her locality who are well versed with judiciary principles of%0D%0AIslam requesting them to annul the marriage.%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMufti Ebrahim Desai%0D%0AFATWA DEPT.%0D%0A
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