Shortened Question:

How will the wife be able to get khula?

Question:

Husband and wife have been separated for about 5 years now. They have lived separately for around 5 years. The reason for the separation was that the husband was abusive and a drug addict and has been to prison as well. He has been living with other women after the separation. He does not want to give talaq but still lives with a women. The wife wants to get khula. In this situation how will the wife be able to get khula.

They have two children and the wife has been taking care of the children and still does. The husband does not support the family in any way (financially ).

They wife just wants to get khula and maybe do a nikah with someone who can help her take care of herself and her children.

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

We are sorry to hear of the difficulties that the wife has been experiencing over the past approximately five years. We make Du’a that Allah Ta’ala will remove her difficulties very soon. Ameen.

We advise you to consult with a senior respected member of his family and request him to discuss the matter with the husband.

If that does not resolve the problem then, you should refer the matter to a trust worthy Alim in the locality who is familiar to both the wife and the husband.

And Allah Ta’āla Knows Best

Mufti Saeed Ahmed Golaub

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