A sister's husband became addicted to crack cocaine, and
he beat her badly, threw a knife at her and tried to kill her, and abandoned her for four
months. She requested a khula from the Imaam of the community and even though everyone
could see how badly she was beaten (scars, bruises) and that her husband was no longer
home, the Imaam refused to nullify the contract unless the wife drew up a written summary
on paper of why she wanted a khula, which as she puts it "is long as a book."
She refused to write it, and she did not get divorced. And as the weeks passed, it became
apparent that the Imaam (who is a part of the bid'ah of giving bay'ah) was incompetant and
handled the situation badly. Her husband rehabbed himself, and came home, and she accepted
him back, and months later, his addiction came up again and he left weeks ago. She now
wants a khula again, but she does not know what to do. Please Advice.
Praise be to Allaah, the Lord of the Worlds.
If what is described in the question is true, then it is a lesson and a
warning about how sin can destroy homes and families. Every Muslim must repent to Allaah
and give up sin and disobedience.
It is very strange that this sister does not want to write down her
reasons for asking for divorce. She should respond to this request – what harm could
it possibly do?
If the influential person who is responsible for the affairs of the
Muslim community in that place sees that there is no possibility of reconciling the two
partners and continuing the marriage, he should issue a divorce (khula’ –
divorce instigated by the woman) freeing her from the husband, on conditions that are
mutually acceptable.
We ask Allaah to protect our families and the families of all Muslims
from fitnah (temptation, tribulation), and to rectify all our affairs.
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