What is the religious ruling regarding a wife seeking Khul’ from her husband who has abandoned her, is seeking a residency permit, and refuses to divorce her unless she helps him obtain it, knowing that she is financially supporting him and he is mistreating her?
If the husband beats his wife, threatens her, and deserts her without a legitimate religious reason, she is permitted to seek divorce or khul‘ (divorce at the wife's instance, usually with compensation paid to the husband). It is not permissible for the husband to take compensation in khul‘ if he is the cause of the harm. If the spouses are in a non-Islamic country, the matter should be referred to a reliable Islamic center. It is permissible to resort to non-Islamic courts out of necessity to remove injustice in the absence or incapacity of Islamic centers. If the wife hopes for the husband's betterment by granting her residency, it is advisable to remain in his marriage bond to avoid the risks of being subjected to religious pressures. If the wife helped her husband with money with the intention of recovering it, it is a debt owed to her. However, if it was a donation, she cannot claim it back.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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