Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

As Salaam Alaikum,

First thank for taking the time out to read this question.

My husband is incarcerated and has been for the past 23 months. I asked him prior to being incarcerated for a divorce in which he animatedly refused. Once about being incarcerated he continued to send me money and when consulting imams (3 in total) they said I had no REAL group for divorce other than me no longer wishing to be his wife for reasons I will explain if you inquire.

Now his funds have run dry and its been 3 months since any support and I`m currently enrolled in school and can`t work until I drop out and find a job . Is it possible that I can get an annulment since he refuses to give me a divorce? He still has about another year or so.

Jazakallah

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Answer:

My husband is in jail and I want a divorce. What can I do?

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 128-131:

128    If a wife fears cruelty or desertion on her husband's part there is no blame on them if they arrange an amicable settlement between themselves; and such settlement is best; even though men's souls are swayed by greed.  But if ye do good and practice self-restraint Allah is well-acquainted with all that ye do.

129    Ye are never able to be fair and just as between women even if it is your ardent desire: but turn not away (from a wife) altogether so as to leave her (as it were) hanging (in the air).  If ye come to a friendly understanding and practice self-restraint Allah is Oft-Forgiving Most Merciful.

130    But if they disagree (and must divorce) Allah will provide abundance for all from His all-reaching bounty: for Allah is He that careth for all and is Wise.

131    To Allah belong all things in the heavens and on earth.  Verily We have directed the people of the Book before you and you (O Muslims) to fear Allah.  But if ye deny Him, lo! Unto Allah belong all things in the heavens and on earth, and Allah is free of all wants worthy of all praise.

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 229:

229    A divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness.  It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah.  If ye do indeed fear that they would be unable to keep the limits ordained by Allah there is no blame on either of them if she give something for her freedom (divorce). These are the limits ordained by Allah; so do not transgress them.  If any do transgress the limits ordained by Allah such persons wrong (themselves as well as others).

Sister, you are within your rights to request for khulla (divorce) if your husband has been incarcerated for three years. There will be no sin upon you whatsoever.

All this while he is responsible for your expenses and you can claim this amount from him on his release.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is only ones. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

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