Can an Abused Woman Seek Divorce in Islam?

Answered by Mawlana Ilyas Patel

Question

Is it permissible for a woman to seek divorce after enduring repeated physical abuse over four years, with no remorse, counseling, or change from her husband, and no desire for mediation or reconciliation?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

I pray you are in good faith and health. Thank you for your question. I am sad to hear about your circumstances, which have been going on for many years.

Right to be Physically Safe

Every human being has a right to be safe. Whenever anyone is being physically abused, the abuse must be stopped. This is in keeping with the legal principle:

“Harm shall be removed.” [Suyuti, al-Ashbah wa al-Naza’ir]

Seek Advice from Reliable Local Scholars

Seek advice from a trustworthy local Imam or a female scholar in your community who can help you with this matter. Talk openly with them about your difficulties, follow their advice and guidance, and ask for their mediation and help in reaching an agreement to end and dissolve the marriage, because you have every right to do so.

If the husband refuses to issue a divorce, then pursue khul‘a and separation through a certified and reputable Sharia council in your area.

Khul‘—Release for Payment

A khul‘ is a release for payment that allows a wife to seek separation from her husband by offering compensation, such as the mahr she received in exchange.

Effectively finalizing the cancellation of the marriage agreement. However, it only constitutes one irrevocable divorce, and not three.

She can say,

“Give me one irrevocable divorce in exchange for £xxx.” He would then say, “I divorce you for this amount of money.” [Ibn ‘Abidin, Radd al-Muhtar]

Note

If the cause is from the husband, like in your case, he doesn’t have the right to seek compensation.

The amount cannot be more than the mahr he gave her when they married; if he’s at fault, he’s sinful to take it. [Maydani, al-Lubab fi Sharh al-Kitab]

Getting a Marriage Annulled Through a Shari‘a Council

If her husband disagrees, she can contact a Shari‘a Council. Depending on the situation, they will ask for the reasons and typically request witnesses or other types of proof. She can reach out to them, providing reasons such as not being financially supported, abusive behavior, or other issues. They will have their own criteria.

Support from the Law of the Country

The law of the country can only help in this matter if a woman is abused in this way. One should seek local help and support from reliable local organizations, networks, and scholars. However, Allah Most High is watching, and He is the best judge. He is aware of the situation.

Turn to Allah Most High

Remember, this is a test. Consider it: Allah is redirecting you unto Him. It is a multifaceted journey, and each step will contribute to closeness to Him, insha’Allah. Adopt the means, find ways to make things better, repent, keep supplicating, and after adopting all the means to seek support and justice, trust Him to make things better. Allah is watching. He will deal with the matter in His time and ways.

Given the consideration in such cases, please discuss this issue with reliable local scholars, local organizations, and support networks.

I would like you to go through the valuable answers and links below. Insha’Allah, you will receive guidance and direction.

Related

• How Can a Woman Obtain a Divorce?—Sh. Faraz Rabbani (Video)
• Muslim Scholars On Spousal Abuse
• What Is the Process of Asking Khul‘ from Husband
• Khul‘ Archives – SeekersGuidance
• Marriage and divorce Archives—SeekersGuidance
• abusive marriage Archives—SeekersGuidance
• Turning Back to Allah by Ustadh Abdullah Misra—SeekersGuidance

Why not begin your search for knowledge by signing up for a course on SeekersGuidance? You can choose from the Islamic Studies Curriculum and progress through each course step by step.

I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel has received a traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.