The Ruling on the Wife of a Prisoner

Question

Ms Husayna Khatun, daughter of Ghasita, of Pashtun descent, resident of Saharanpur, was married fifteen years ago to Niyaz Ahmad, son of Abdullah, of the Rajput caste, at present residing in Agra jail. From the very day the wedding took place, Niyaz Ahmad kept her short of bread and clothing; he is habitually in jail and has been convicted several times: as soon as he is released from jail, he immediately goes back to jail.

Answer

If a man has deliberately become habituated to such acts because of which he has to go to jail again and again, and in such a state he is unable to pay his wife's maintenance, then his wife, because of her helplessness and distress, has the right to obtain a talaq from him in some way — by tempting him with something or by frightening him.

Source: Fatawa Mahmudiyya

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