The Majlis Archive

Nikah (Marriage) - Talaaq (Divorce) The Majlis Vol 28 No 10, p.14

A husband who is an Aalim is excessively abusive, vulgar and cruel to his wife.

Question

A husband who is an Aalim is excessively abusive, vulgar and cruel to his wife. He physically assaults her; throws her on to the ground; chokes her; screams and shouts with the most filthy words; he slanders her with adultery, and slaps her in the face. All of this abuse is committed frequently on the slightest pretext. He commits his abuse and vulgarity in front of the small children who become highly agitated. They cry much when they see their mother sprawled on the ground. The wife has made up her mind to leave. What is your advice. Does she have grounds for leaving the marital home?

Answer

Firstly, the hooligan, rubbish scoundrel you have described is never an 'Aalim'. He is not even a jaahil. He is a shaitaan of the worst order. Furthermore, this type of shocking brutality committed on wives has become a kind of norm. What you have described is not an isolated case. This type of abuse happens everyday all over the world. We received letters of this kind daily.

The behaviour of the husband described by you is shockingly abusive, cruel, brutal and haraam. While it is totally unexpected of a Muslim husband to acquit himself like a drunk street hooligan as this husband has done, nevertheless, the reality today is that such abuse and zulm on wives have become the norm.

When fear for Allah Ta'ala is lacking, then the nafs and shaitaan become the masters who control the man.

Our advice is that before seeking to end the marriage, the sister should go into separation. She should take the children and return to her parents. The separation should be for a couple of months, not just a couple of days.

When she first separates herself by returning to her parents, he will frantically try to establish contact. When he does so, she should not respond immediately. Only after he repeatedly tries to establish contact, should the matter be discussed in detail in the presence of her parents. Then if he really wants her to return, he should agree to conditions which she should impose. Also, he should sign a Tafweedhut Talaaq document delegating the right of Talaaq to his wife or to any other responsible person in her family.

If this brute who is shaitaan-incarnate refuses to submit to conditions, she should apply for annulment. She has valid and more than adequate grounds for Faskh.

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Published in
The Majlis Vol 28 No 10
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14

Appears under BRUTALITY OF HUSBANDS (approximate).

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