Is there a right to separate from a drunkard, adulterous husband?

Question

Question: The husband of (the woman named) Anwari is a depraved adulterer; for a long time he has not given her food and maintenance either, nor does she wish to live with him. What way can there now be for the annulment (faskh) of the nikah?

Answer

Because of depravity and fornication, or other such foul and abominable sins, there is no right to separate from the husband; however, if he does not give maintenance (nafaqa), separation (tafriq) can be obtained through a Shari‘a council. The complete procedure for this is set out in “al-Hila al-Najiza”.

Source: Fatawa Mahmudiyya

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