Ask Qul - Divorce / Talaq - marriage, family issue - please help

Pearl of Wisdom

'Verily Faith is that which is embedded in the hearts, whereas Islam is the means by which marriages, inheritances and safeguarding blood take place.'

Imam Ja'far ibn Muhammad al-Sadiq [as]

al-Kafi, v. 2, p. 26, no. 3

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Question : #350

Category: Divorce / Talaq

Subject:	marriage, family issue - please help
Question:	A sayyada female who got married 5 years back is not living with her husband since last 3 years and her husband is also not providing her any money since last 3 years for her basic expenses. She is also rearing up her one daughter on her own. This female is living with her parents. The parents of this female are not in the favour of taking divorce as this is a matter of insult for them. This female cant go to the court on her own as she is living in Pakistan n conditions of her city doesnt allow her to go to the court without support of her family. What is the status of her marriage now according to the shariah and what solution she can have to overcome such problem? She is willing to have divorce desperately.Jazak Allah.
Answer:	She needs to refer her matter to a pious Aalim who should have authorisation from Marja of Taqleed, to solve her problem either to mediate between her and her husband or to convince him to divorce her. If the husband is not giving her her rights, then he should divorce her, and if he refuses and insists on not giving her rights and not divorcing her, the Haakim Shara or his attorney can divorce her and make free from injustice.

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