Demanding talaq from a husband of evil conduct

Question

Question: Zayd married Hind. When Hind went to Zayd’s house, it became known that Zayd practises sodomy and that a boy lives with him permanently. Hind tried hard to make Zayd see reason, but Zayd would not listen; then he began saying: “You too should have marital relations with this male.” When Hind refused, he treated her harshly, so Hind was compelled to go back to her parents’ home. There is no hope of Zayd’s condition improving, and living with Zayd carries a grave danger of falling into the haram.

Answer

If Zayd is engaged in vile deeds, the wife should admonish him and try to make him see reason; if she does not succeed in this, it is not necessary for her to demand talaq. But if he forces the wife into these vile acts, so that the wife cannot preserve her chastity and virtue, then the wife has the right to live apart from him and to demand talaq.

Source: Fatawa Mahmudiyya

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