Is it permissible for a woman to seek a Khul’ (divorce at the wife’s instance) from her husband, who is addicted to drugs and alcohol, who abandons her, curses her, and accuses her of adultery, in exchange for returning the dower (Mahr) paid upfront and deferred, despite her being legally divorced from him in Sweden and his refusal to communicate?

Civil divorce is not considered a Sharia-compliant divorce unless the husband pronounces it or writes it with the intention of divorce. Khul' (divorce at the instance of the wife) cannot take place except with the mutual consent of the spouses, unless life between them becomes impossible and the Muslim judge deems it necessary to compel the husband to grant khul'. In such a case, the judge may do so. If the husband refuses khul', the judge may separate them due to necessity. If there is no Muslim judge available or contact with the husband is impossible, the Muslim community (such as the imam of the grand mosque or the head of the Islamic center) acts in place of the judge. The woman presents her case to them, they summon the husband, and if he persists in his refusal, they separate them.