What Is the Ruling If a Woman Cannot Continue Living with Her Husband Due to Abuse and Trauma?

Answered by Mawlana Ilyas Patel

Question

What is the Islamic ruling if a woman cannot continue living with her husband due to abuse and trauma, and their marriage was never conducted Islamically?

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 that your mother and family have had to endure such a painful and traumatic life experience, and it’s commendable that you’re seeking clarity.

First of all, if your parents were never married according to Islamic law, meaning there was no Islamic marriage ceremony (nikah) with consent and proper witnesses, they are not considered husband and wife. This alone provides enough grounds for your mother to separate, and she is not obligated to remain with him.

Seek Advice from Reliable Local Scholars

However, if they were married, seek advice from a reliable local Imam, male/female scholar in the community, where they will assist you in this matter, speak with them openly about your difficulties, and follow their advice and guidance, and dissolve the marriage, as you have every right, through a certified and reliable Sharia council in your area.

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.

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-Nadha’ir]

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

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 in shaAllah. 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.

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

Related

• Muslim Scholars On Spousal Abuse: “In Islamic law, it is unlawful to abuse a wife, injure her, or insult her dignity.” – Allahcentric – SeekersGuidance
• Abusive Marriage Archives – SeekersGuidance
• Turning Back to Allah – Ustadh Abdullah Misra – SeekersGuidance

Why not begin your search for knowledge by signing up for a course on SeekersAcademy (seekersguidance.org)?

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.