How Can I Leave a Man Who Doesn’t Want to Divorce Me?

Answered by Shaykh Abdurragmaan Khan

Question: Assalam alaykum,

I lived with my husband for 2 years. After that he sent me back to my parent’s home. He told me to not came back home. So for 2 years now I’m leaving alone with my 2 years old son. He never called to ask after his son and doesn’t spend money for my son.

We are still married legally . He doesn’t want to divorce and doesn’t want me to go back home. Am I still married in islamic point of view ?

Answer: Wa alaykum al-Salam

Thank you for writing to us.

If your husband has not divorced you, you are still considered his wife. However, your husband cannot keep you in a marriage where he provides no care and maintenance for you and your son. If you wish to exit this marriage and your husband refuses to divorce you, you will have to apply for an annulment by an Islamic Judiciary body, ideally in your country or city.

My suggestion would be for you to speak to reliable local scholars and they should be able to facilitate this for you.

May Allah guide and bless you.

And Allah knows best
Wassalam
[Shaykh] Abdurragmaan Khan

Shaykh Abdurragmaan received ijazah ’ammah from various luminaries, including but not restricted to: Habib Umar ibn Hafiz—a personality who affected him greatly and who has changed his relationship with Allah, Maulana Yusuf Karaan—the former Mufti of Cape Town; Habib ‘Ali al-Mashhur—the current Mufti of Tarim; Habib ‘Umar al-Jaylani—the Shafi‘i Mufti of Makkah; Sayyid Ahmad bin Abi Bakr al-Hibshi; Habib Kadhim as-Saqqaf; Shaykh Mahmud Sa’id Mamduh; Maulana Abdul Hafiz al-Makki; Shaykh Ala ad-Din al-Afghani; Maulana Fazlur Rahman al-Azami and Shaykh Yahya al-Gawthani amongst others.