Grounds for Asking for Talaaq or Annulment of Marriage

Q. I would like to ask the procedure to be followed by a wife to give her husband talaaq? The reasons for talaaq are based on the following:

–  Husband is on drugs and REFUSES to clean up his act. Couple have 2 sons (1st son is 2 years and 2nd son is 3 months old) and wife refuses to let him expose the children to this behaviour;

–  Husband is sleeping regularly out of house (can be up to 3 nights), where he will return anytime from after midnight till Fajr Azaan. When he returns, he lies to wife about always being with friends, but friends have confirmed to wife telephonically that husband was not with them during the nights he stays out;

–  Husband does not want to pray Salaah and will watch wife and son praying;

–  Husband tried to suffocate eldest son with pillow as baby was crying;

–  Husband does not want to help wife with taking of kids while wife is busy with cooking or doing laundry or cleaning house, yet he demands a cooked meal everyday – considering wife also has to work for financial reasons;

–   Husband has lifted his hand twice on wife and when he tried the third time, wife’s brother intervened;

–   Husband refuses to contribute financially to running of household or for kids’ diapers, milk, etc. Although he has purchased a few items for birth of 2nd son;

–   Husband is extremely rude to in-laws and has absolutely no respect for wife.

I would appreciate a detailed response.

A. 1. In the circumstances you have described the wife is entitled in the Shariah to ask her husband for Talaaq. She should reason with him and convince him of the marriage being unsustainable. The right of issuing talaaq is vested in the husband.

2. If the husband refuses to heed the wife’s exhortation and issue talaaq, she should seek help from someone influential who can persuade the husband to issue talaaq.

3. If all efforts fail in extracting a talaaq from the husband she can then proceed to file for a Faskh or Annulment of the Nikaah from a competent Ulama Body. Depending on her location there are several such Ulama Councils available who preside over Faskh Applications. If she provides us with her location we will be in a position to recommend an Ulama Council to hear her petition.

May Allah Ta’ala keep us steadfast in Imaan and Deen. May He protect us from all types of tribulations, Aameen.