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

Pearl of Wisdom

'At the time of his death, my father, 'Ali b. al-Husayn (AS) hugged me close to his chest and said, ?O My son! I advise you as my father advised me at the time of his death, and he proceeded to mention that his father had advised him, saying: ?O My son! Endure the truth even if it be bitter.?

Imam Muhammad ibn Ali al-Baqir [as]

Bihar al-Anwar, v. 70, p. 184, no. 52

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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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