{"fatawa":{"id":12597,"title":"Her husband has forsaken her and does not talk to her, but he refuses to give her talaaq and she is unable to get divorced from him by means of khula\u2018","slug":"her-husband-has-forsaken-her-and-does-not-talk-to-her-but-he-refuses-to-give-her-talaaq-and-she-is-unable-to-get-divorced-from-him-by-means-of-khula","order":"","question":"<p>I am a revert women married 8 years back with born muslim. after few  years of marriage every thing changed. i have no children. he stopped  talking to me and even taking care. my health and especially mental  health losses as i have no one besides Allah to handle all this. i  prayed patiently for years that he become good to me. But things worse  he hardly sees me for days and days but we r living in same house. Our  understanding about islam and how to live life differs gradually. but i  accept this and continue on my way bec i have get truth after great  struggle and pain. Then he forced me to go away from him but i resist as  i have no where to go. slowly i understand after so many years of  anxiety,pain, loneliness that it is not going to work. i realize he has  no pain ,care and love for me. Then when he assist to leave him i then  tell him to divorce me otherwise i will not go. he then makes my life  terrible. and i have total breakdown of health and mental health. Then i  leave leave him in order to save myself. And in that health i live  alone for months and then i decided to give one more chance with him. so  i go to him live for 6 months but he doent utter a single word to me  and i was alone there no body to talk. so i decided to come back to my  non muslim parent house(they didnt interfere in follow my religion). I  dnt know much muslim in community but few i know i tried to approach  them by phone so that my husband divorce me. But they hardly understand  and at last nothing happen. even i try to console my husband to leave me  with dignity but of no use. So I leave all to Allah and patiently  bearing all this thinking may Allah has something good in it. I am  married but with no husband.Is it sin on me to live like this. I am so  deeply hurt by all this that i lose trust in any people. My health  deteriorates , difficult to live in such society and very bad memories.I  thank Allah that HE take me out of the previous hell conditions. But  now he is saying to come back bec of society pressure or what Allah  knows. I dnt want to go back to him and even dnt want to live like this.  I am not in such power to take kullah from him.Nor i cant trust anyone  further. I ask u what should i do.Is it sin on me to live like this.My  english is not so good. I pray to Allah that u understand what i tries  to convey u.<\/p>","answer":"<div class=\"list-group-item-text ftwa-single-answer font-nrmal\"><span class=\"line_height\"> Praise be to Allah.\r\n<p>Allah has      commanded husbands to treat their wives kindly, as He, may He be exalted,      says (interpretation of the meaning): <em>&ldquo;And      live with them honourably&rdquo; [an-Nisa&rsquo; 4:19]<\/em>.<\/p>\r\n<p>Ibn      Katheer (may Allah have mercy on him) said: i.e., speak nicely to them,      treat them kindly and make yourself look good for them, to the best of your      ability. As you would like her to treat you, do the same for her. Allah, may      He be exalted, says (interpretation of the meaning): <em> &ldquo;And they (women)      have rights (over their husbands as regards living expenses, etc.) similar      (to those of their husbands) over them (as regards obedience and respect,      etc.) according to what is reasonable&rdquo;      [al-Baqarah 2:228]<\/em>. And the Messenger of Allah      (blessings and peace of Allah be upon him) said: &ldquo;The best of you are the      best of you towards his wife, and I am the best of you towards my wives.&rdquo;      Part of the Prophet&rsquo;s character was that he treated people kindly and was      always cheerful; he used to joke with his wives, spent generously on them      and treated his wives kindly, to such an extent that he raced with      &lsquo;Aa&rsquo;ishah, the Mother of the Believers, out of kindness. He would meet with      his wives every night in the house of the one with whom the Messenger of      Allah (blessings and peace of Allah be upon him) was staying, and he would      eat supper with them sometimes, then each of them would go back to her own      home.<\/p>\r\n<p>End quote      from <em>Tafseer Ibn Katheer<\/em>, 2\/242&nbsp;<\/p>\r\n<p>Allah, may      He be exalted, says (interpretation of the meaning): <em> &ldquo;And they (women)      have rights (over their husbands as regards living expenses, etc.) similar      (to those of their husbands) over them (as regards obedience and respect,      etc.) according to what is reasonable&rdquo;      [al-Baqarah 2:228],<\/em> i.e., they have rights over      men just as men have rights over them, so let each one of them fulfil the      rights of the other, according to what is reasonable.&nbsp;<\/p>\r\n<p>End quote      from <em>Tafseer Ibn Katheer<\/em>, 1\/609&nbsp;<\/p>\r\n<p>Undoubtedly forsaking the wife and not talking to her for no good reason      does not come under the heading of kind and honourable treatment; rather it      causes her a great deal of harm, as was stated by the scholars.&nbsp;<\/p>\r\n<p>It says in     <em>at-Taaj wa&rsquo;l-Ikleel li Mukhtasar Khaleel<\/em> (5\/265): If the man stops      speaking to his wife, or he turns his face away from her in bed, that comes      under the heading of causing her harm. End quote.&nbsp;<\/p>\r\n<p>In <em> Mawaahib al-Jaleel fi Sharh Mukhtasar Khaleel<\/em> (4\/17) it says: Part of      causing harm is to stop speaking to her, turning his face away from her in      bed, preferring another wife over her, and striking her in a manner that      causes pain. End quote.&nbsp;<\/p>\r\n<p>Although      we acknowledge all the suffering that you have gone through, it is our      opinion and our advice to you that you should give your husband another      chance, especially after he calls you to go back to his house. The      complicated situation you are in lead us to advise you to be more patient      and think about the matter logically and from all angles. If he mends his      ways and treats you better, then this is what you want, and praise be to      Allah. But if he continues as he is, shunning you and mistreating you, then      in that case you have the right to ask him for divorce (talaaq), and you are      not to blame.&nbsp;<\/p>\r\n<p>If he      insists on not giving you a talaaq, then in that case you have no option but      to refer to the Islamic court, if there is one; if not, then you should get      divorced from him by means of khula&lsquo;, and his reckoning will be with his      Lord. The Lord of the worlds, may He be glorified and exalted, says      (interpretation of the meaning):<\/p>\r\n<p><em>&ldquo;the      Day when they will be brought back to Him, then He will inform them of what      they did. And Allah is All-Knower of everything&rdquo;<\/em><\/p>\r\n<p><em> [an-Noor 24:64]<\/em>.&nbsp;<\/p>\r\n<p>During      this suffering, there is nothing more beneficial for you than constantly      remembering Allah, may He be exalted, and reading His Book, whilst being      keen to do that which Allah has enjoined upon you of prayers and all acts of      obedience. Allah, may He be exalted, said (interpretation of the meaning):<\/p>\r\n<p><em>&ldquo;O you      who believe! Seek help in patience and As-Salat (the prayer). Truly! Allah      is with As-Sabirin (the patient ones)&rdquo;<\/em><\/p>\r\n<p><em> [al-Baqarah 2:153]<\/em>.&nbsp;<\/p>\r\n<p>And Allah      knows best.<\/p>\r\n<\/span><\/div>\r\n<div style=\"padding: 3px; padding-right: 6px; text-align: right;\">Islam Q&amp;A<\/div>","status":1,"created_at":"2015-04-22T20:52:01.000000Z","updated_at":"2015-04-22T20:52:01.000000Z","language_id":1,"fatawacate_id":46,"parent_id":12596,"author_id":"","books":[],"articles":[],"videos":[],"audios":[],"author_name":"","category_name":"\u0627\u0644\u062d\u0642\u0648\u0642 \u0627\u0644\u0632\u0648\u062c\u064a\u0629","category_slug":"","get_date":"2015-04-22"},"translations":[],"fatawa_books":[],"fatawa_articles":[],"fatawa_videos":[],"fatawa_audios":[],"url":"http:\/\/www.islamland.com\/eng\/api\/fatawas\/12597"}