Assalam u alaikum wa rehmatullahi wa barakatahu,
I have been separated from my husband for 4 years. We had many problems and I got seriously ill. My husband was violent and abusive towards me and never contributed to the household or bought food etc. we have 1 son who is 6 years old. After I got ill my husband left. He refuses to pay for the upbringing of our son and does not support me either now. 2 years ago we decided to reconcile however he again changed his mind and refused to come back to us. He got married a year ago again and I’m now supporting myself and my son.
What are my rights? Am I entitled to a khula? What can I do?
wa `alaykum salam,
You are entitled to khul‘ but you should consider Faskh; it is a marriage dissolution issued by a judge in response to a request by the wife and normally takes place against the will of the husband. However, the judge has to be appointed either by the leader of the Muslims, or by the Muslim community, or at least recognized as being an Islamic judge by the vast majority of the Muslim community.
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