The wife of an obstinate husband: a husband who threatens to kill and has disappeared

Question

Question: Zayd’s nikah with Hinda took place about five years ago. During this period Zayd’s treatment of Hinda was extremely harsh; moreover, Zayd accused Hinda of zina (adultery) and also wrote this accusation in a letter, and he also wrote that he would shoot Hinda and her (that) maternal aunt (in whose home Hinda was brought up, who also arranged Hinda’s nikah, and in whose house Hinda lives). Moreover, Zayd has not enquired after Hinda in any way for four and a half years, nor is it known where Zayd is.

Answer

If there is no way of living together, it is best to obtain talaq from Zayd somehow, by tempting him with some gain or by putting pressure on him, or to carry out khul‘; in both these cases there is no need for a qadi. If talaq and khul‘ are difficult, then on the grounds of the danger to her life she should file a suit in the court of an empowered Muslim ruler.

Source: Fatawa Mahmudiyya

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