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Fasakh nikah

Wa `alaykum as-Salamu wa Rahmatullahi wa Barakatuh.

 

If what you allege above is true, then you can approach the court of the land to get a legal divorce. Once you obtain that, you can deem yourself divorced Islamically.

 

For even as a man has a choice to get a dissolution of marriage on the grounds you have specified above, likewise, a woman has also the option to seek a dissolution through legitimate authorities.

 

If the Shari`ah court is merely refusing to cooperate with you, you are allowed to approach the court system of the land to seek justice.

 

Islam does not allow a man to hold his wife as a prisoner.  Nor is it allowed for a  Shari`ah court to take such a decision.

 

One of the principles of jurisprudence is “there shall be no inflicting of harm.” Also, where there is real harm, it ought to be removed.

 

In your case, if neither your husband nor the Shari`ah court is giving you your God-given right, you are allowed to get it done through the secular court.

 

Allah Almighty knows best. 

Thursday, Jan. 01, 1970 | 00:00 - 00:00 GMT

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