Procedures for official Talaaq

Question ID: 
2187
rsm***@hotmail.com asks:

Question

Assalamwaleikum,
Grateful if you could kindly guide what are the steps to be followed when a muslim women wants to be separated from her husband that is not be in Nikaah as the latter is fully involved in Zina with other women.

Answer

Wa alaikumussalaam

Firstly, if it has been proven that he is really into zina then you should arrange a meeting for Counseling for both of you with some Ulama who are well versed in this field, to see whether he is willing to stop this shameful act and make tawbah or not. From there you may get an idea whether to remain in his nikaah or ask him for Talaaq.

If he agrees on Talaaq then you will have to see whether your nikaah is registered at the Muslim Family Council (MFC) or not. If it is registered then you will have to ask your husband to go there to do the procedure of Talaaq. If he does not agree to go there for Talaaq, then you will have to go yourself to do an application for Talaaq at the MFC.

If he does not agree to give talaaq, then you may propose him to do khula with you. Khula means to ask or give talaaq in lieu of something in return. If he agrees on khula then he will have to go to MFC to do its procedures as well.

Approved by Mf Uthman
For the Jamiatul ulama of Mauritius