Troubled marriage ended by divorce still troubled

6-1-2005 | IslamWeb

Question:

I was married to a guy and I spend three worst years in my life with him and two years ago I left my house to my parent house, we had divorced by Australian law but he refuse to divorce me by Islamic law, I don't want to go back to him and I want Talaaq, because someone want to marry me, what can I do? According to Shariah, after certain time I should have the divorce from him. Please advice me because my ex-husband want money from me to divorce me and I refuse to give him any money, because I work hard for three years when I was his wife and he took all my money.

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

 

It is incumbent upon each spouse to live with and treat the other honourably. It is forbidden for a husband to take the property of his wife without her consent.

When answering a similar case we suggested that the case be taken to an Islamic court. The quote in our Fatwa: 88495 states: "We advise the sister asking the question to take her matter to an Islamic court, if any, or to the Muslim community if there is no Islamic court, to look into the case and oblige the husband to fulfill his obligations according to the Islamic Jurisprudence. The judge is the person who grants divorce if the husband does not divorce her voluntarily. Thus, the questioner should know that there is no such 'self divorce' as stated in the question".

For more details please read the Fataawa: 82727, 85034 and 81844.

Allaah knows best.