Ask Qul - Divorce / Talaq - civil divorce and islamic ruling

Pearl of Wisdom

'On the Day of Resurrection a ruler will be brought forth who had inflicted one lash less than the punishment prescribed. He will plead, ?O My Lord! I did it out of mercy for Your servants.' He will be told, 'Are you [trying to be] more merciful to them than Me?' Then he will be ordered into the Fire. Another man who had added one lash [to the Punishment] will be brought forth, and he will plead, '[O Allah! I did it] to make them stop committing acts of disobedience to You.' Then he too will be ordered into the Fire.'

Prophet Muhammad al-Mustafa [sawa]

Awalial-La'ali, v. 2, p. 153, no. 427

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Question : #218

Category: Divorce / Talaq

Subject:	civil divorce and islamic ruling
Question:	A civil divorce, according to the law of a western country, took place. The husband is adamant not to grant his wife a shari'i divorce, does not provide maintenance for her and not accept mediation. What should the woman do, noting that her patience would certainly wear thin and, eventually, put her in an untenable situation (haraj)?
Answer:	She should seek redress with the Marji' or his deputy. He would advise the husband to choose one of two courses of action: Either pay his wife maintenance money or grant her Islamic divorce, albeit by proxy. Should he chose neither, and that it was not possible to pay maintenance money, the Marji' or his deputy should carry out the divorce.

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