The wife of an obstinate husband: the husband gives neither talaq nor maintenance

Question

Question: A dispute between husband and wife grew, and the wife came to fear for her life; because of the danger to her life she does not go to her husband’s home, and her husband neither gives her talaq nor expenses. Five or six years have passed in this affair, and the girl is young; living without nikah is difficult. What decision does the noble Shari‘a give in this case, by which separation (tafriq) may take place between husband and wife and the girl may be married?

Answer

In such a case it is best to obtain talaq somehow, by tempting him with some gain or by frightening him, or to carry out khul‘. If this is impossible, the wife should file a suit in the court of a Muslim ruler: “Such-and-such a man is my husband, and he does not fulfil my rights.

Source: Fatawa Mahmudiyya

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