I and my husband has issues that cannot be resolved; we have been married for 20 years; I have a girl of 18 years and a son of 10 years; now my husband has left for Pakistan; and I am on my own. I do job and run my own life for sake of my kids. What is my position according to Islamic law; my husband has already gave me one divorce, and we performed nikah again. We still have issues unresolved; what should I do in this situation?
Question number: 1307
Date posted: 2009-01-24
Answer:
Since marriage is a solemn covenant, as stated explicitly in the Qur’an, divorce can be resorted to only as a last resort; in other words, one should consider this option only after having exhausted all avenues for reconciliation. So my advice to you is to try to consult a professional Muslim counselor or experienced imam to see if both of you can make your marriage work. If you have already done so, and failed, then you may seek divorce from him. Islam does not consider divorce as a taboo in cases where one party is being subjected to physical or emotional abuse or suffering from spousal neglect. In cases where spouses feel that they cannot reconcile their differences, Allah orders the spouses to part their ways honorably. If, therefore, you feel strongly that your husband fails to take care of the family and is negligent of his duties then you are justified in seeking divorce from him.
Should you decide to do so, it is best that you use the legal channels first. Once the divorce has been granted by the court, your divorce can be validated Islamically by a duly qualified Imam.
