Can I have khulah in my case?

Question:

Salamu alaykum wa rahmatulah,

I live in EU and my husband lives in Syria. We all ready 4 years we live separate from each other. I only visit him for one week per year. He doesn’t  support me financially. He never make iqama for me to live there and I can’t make iqama for him to live in EU. He said if you want khulah ask for it, but I won’t give you talaaq. wa alaykum salam.

Answer:

wa `alaykum salam,
Islamic law grants you the right to divorce. In case of khulah divorce, you are to return the mehr and compensate the husband for what he gave you during marriage. The husband is encouraged to forgo it, unless you don’t deserve it due to inappropriate behavior. The Qadi is to decide or the local imam/shaykh.

Imam Senad Agic
Head Imam (IABNA)
The Islamic Association of Bosniaks in North America
American Islamic Center – Chicago

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