Do I Have the Right to Khul’ If My Husband Isn’t Providing for Me?

Answered by Mawlana Ilyas Patel

Question

I have been married for quite many years, with a man who lives in another country for more than ten years. We have been living apart while I have been visiting him on different occasions. We have a daughter with autism, but I am the primary caretaker. He has his life there, and I have my life here. He is not really there for me – not financially nor emotionally. I have tried this relationship for many years, but I cannot see any prospects because of the different priorities.

If he is not providing for me and hasn’t done it in the last decade, do I have the right to ask for khul‘ on this basis?

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, and I am sad to hear about your situation.

You have every right to ask for a khul‘ on this basis if there is no way to rectify the situation between yourselves mutually or through a third party.

Consult and apply at a recognized scholarly body and Sharia Council in your country. Depending on the situation, they will ask for the grounds and usually ask for witnesses or some other form of proof. Once khul ‘takes place, it will count as one irrevocable divorce. See and read the links below.

Pray two rak‘ats prayer of Need and pray to Allah for ease and guidance. Allah (Most High) destine what is good for you, amin. [Ibn ‘Abidin, Radd al-Muhtar]

Related:

• What Is the Process of Asking Khul‘ from Husband
• Can Agreeing To Khul‘ Result in Three Talaqs?
• Is ‘Idda Necessary If Someone Had No Physical Contact with Her Husband and Currently Going through Khul‘?
• How Does One Perform The Prayer Of Need (Salat al-Haja)?
• Khul‘ Archives

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

Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.