Uttering words of disbelief when the husband will not let go even after three talaqs; accepting Islam on condition of marriage to a pious man

Question

Question: A woman was married to an illiterate man who did not pray. However, before the nikah the woman’s father had taken from his prospective son-in-law a firm sworn promise to perform the prayer. But after the nikah it became clear that this man prays only occasionally, and that for a long time he has been addicted to sodomy and addicted to usury.

Answer

(1) In the case asked about, the talaq was given in the woman’s presence; therefore it is by no means permissible for the woman to allow this man who gave talaq to have power over her in any way. If there are at least two reliable, religious witnesses to his giving the talaq or admitting it, then the woman can, in due form, obtain a decision in her case through a court or…

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.