The wife may ask for divorce if she is deprived of her rights
17-9-2014 | IslamWeb
Question:
Assalamualaikum. After a serious marital dispute, my husband left our house to live near his mother's house.I thought he would come back but it has been six months now.He just sends money through my son.He does not come to see me and we communicate via the phone.His family does not want to interfere in our matter.He is bad tempered and his family is afraid of him.I have 2 sons and 4 months ago, I phoned him to tell him that our younger son,who is 15, did not go to tuition and when I phoned the teacher,I had complaints about my son.My husband got so angry because I told him that only sending money while he is away from us is not everything.He should take his children's responsibility.He came to our house and told our son to take all his things and he took him to live with him.I am now living with my elder son who is 20.But I yearn for my other son.My husband told me that if I want to remarry, he is ready to divorce me.Life with my husband has always been difficult because of his bad temper but I have been patient.I can't take it anymore.And now he is accusing me that I do not love my son and I have not been a good mother, which is not true.In fact, I have always tried to discipline my children and guide them.Honestly, I have started to dislike him because of all the sufferings he gave me and sometimes I think everything is over between us and I want to tell him to divorce me.By the way he has already given me one divorce.I want to know if, in these circumstances,I can ask him to divorce me or I can take khula from him.Jazaak Allah.
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, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
If the situation is as you have explained in the question, then you are entitled to demand divorce and your husband has no right to refuse to divorce you or request compensation in return as long as he is the one who is failing to fulfill your marital rights.
However, it is better to seek reconciliation and restore your amicable marital relations. You should seek an arbiter from your side and an arbiter from his side in order to help you reach a mutual agreement and reconcile between you and your husband. If the reconciliation attempts fail, you should opt for divorce.
For more benefit, please refer to Fatwa 92474.
Allaah Knows best.