الإفتاء

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Release from an oppressive husband through a community council

Question

Question: The nikah of Batul Bi was contracted with Muhammad Shafi‘, and three years have passed since then. But Muhammad Shafi‘ turned out to be a robber, and he committed a robbery at the house of his father-in-law Mahbub ‘Ali. When Batul learned of it, she said: “These things belong to my father.” At this Muhammad Shafi‘ beat her severely and buried Batul in a rubbish heap. By chance Batul was still alive and survived. Now Muhammad Shafi‘ is intent on killing Mahbub ‘Ali and his daughter (Batul).

Answer

If the incident written is indeed as described, then this is a very great oppression on the part of Muhammad Shafi‘. Now, in whatever way possible — by reasoning with him, by coaxing, by tempting him with some benefit — a talaq should be obtained from him, or khul‘ (divorce for compensation at the wife’s request)

Source: Fatawa Mahmudiyya

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