Islam Question and Answer - A woman asking for divorce because of her husband’s addiction

Wed 12/7/1434 - 22/5/2013

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Fiqh of the family » Khul (divorce instigated by the wife)

A woman asking for divorce because of her husband’s addiction

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A sister's husband became addicted to crack cocaine, and he beat her badly, threw a knife at her and tried to kill her, and abandoned her for four months. She requested a khula from the Imaam of the community and even though everyone could see how badly she was beaten (scars, bruises) and that her husband was no longer home, the Imaam refused to nullify the contract unless the wife drew up a written summary on paper of why she wanted a khula, which as she puts it "is long as a book." She refused to write it, and she did not get divorced. And as the weeks passed, it became apparent that the Imaam (who is a part of the bid'ah of giving bay'ah) was incompetant and handled the situation badly. Her husband rehabbed himself, and came home, and she accepted him back, and months later, his addiction came up again and he left weeks ago. She now wants a khula again, but she does not know what to do. Please Advice.

Praise be to Allaah, the Lord of the Worlds.

If what is described in the question is true, then it is a lesson and a warning about how sin can destroy homes and families. Every Muslim must repent to Allaah and give up sin and disobedience.

It is very strange that this sister does not want to write down her reasons for asking for divorce. She should respond to this request – what harm could it possibly do?

If the influential person who is responsible for the affairs of the Muslim community in that place sees that there is no possibility of reconciling the two partners and continuing the marriage, he should issue a divorce (khula’ – divorce instigated by the woman) freeing her from the husband, on conditions that are mutually acceptable.

We ask Allaah to protect our families and the families of all Muslims from fitnah (temptation, tribulation), and to rectify all our affairs.

Islam Q&A
Sheikh Muhammed Salih Al-Munajjid