Applying for annulment of marriage
| Fatwa #761 | Category: Marriage & Divorce | Country: South Africa | Date: 2nd April 2024 |
| Fatwa #761 | Date: 2nd April 2024 |
| Category: Marriage & Divorce | |
| Country: South Africa | |
Question
I have been married for 10 years, husband had opened a business borrowing money from my father. He didn’t pay him back, he lost business in 2018 and since then hasnt supported myself and our 3 kids. He does work, he helps his father with his business and earns 30k, of which he doesn’t give any towards anything. He was unable to get a bond on his name and forced me to get a house on my name or my fathers name, by saying if I didn’t he would leave us. So I did, he spoke to my father and agreed he would pay for the house every month. He paid 2 months and then even though he was getting money from his father he stopped paying my father. He doesn’t give any money towards anything in the house or the children or myself. I have supported all of us since 2018. He is verbally abusive and lies to his family about me, his parents believe whatever he says. He refuses to leave this house that I am currently paying my father for. I want to know do I have to wait for him to divorce me or is there any way for me to go ahead with a divorce?
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
Sister in Islam,
We take note of the contents of your email and the challenges you are being faced with.
It is indeed sad to note that you had to face such tragic circumstances in your marriage.
If what you state about your husband reflects the reality, then it is clear that he is an irresponsible husband. He is guilty of negligence in his marital obligations.
There are certain scenarios where a wife may apply for an annulment of the marriage to an Islamic court or a Judicial body.
You may contact the nearest Jamiat office in South Africa.
And Allah Ta’āla Knows Best
Mufti Muhammad I.V Patel
Concurred by
Mufti Bilal Pandor
Darul Iftaa Mahmudiyyah
Lusaka, Zambia