THE ISLAMIC SHARIA COUNCIL - UK.
The overwhelming majority of cases are to do with divorce - 95% of the roughly 7,000 cases in 1982 - 2007.
Hasan Mahmud
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http://www.islamic-sharia.org/divorce-talaq/information-about-reasons-for-divorce-dowry-2.html
Question:
I am enquiring about a divorce that is to be made from my side (wife). My husband of five and half years has been cheating on me with Polish girls for the past 5 years (since he came to this country). I sponsored him to come here as my husband but as soon as he came here within 3 months of arriving, he has not behaved well in the sense that he cheats with polish girls, refuses to be intimate with me for past 4 years (as soon as he got his indefinite stay), beats me if we get into an argument about this (last Eid he was cautioned by the police as I was taken into hospital), forces me to work full time and in the past has forced me to pay the mortgage in full and now I only pay my share. He has always refused to listen to me and expects me to be a fulltime housewife and at the same time bring in some money. He has refused to have a child with me in the past. He has even bullied me into leaving my home several times in the middle of the night and spit in my face many times.
By him coming here, he has gained many things. He has his indefnite stay, he travels alot with these girls on holiday, he may gain £42K from the sale of our home, he has developed his properties in Bangladesh, ability to bring his other relatives, he earns nearly £3K every month after tax, is doing his masters, built a consultancy firm for himself.
After recieving this treatment for these years, I decided not to take his beatings for the sins he commits and the disrespect he has shown me. But I was told that if I file for divorce, I cannot claim my dowry, which he still hasn't given to me. He keeps forcing me to file for divorce for past year saying he has not denied me my rights for divorce and said to me last year that he knows I will not get my dowry (10K).
Please can you confirm this. If so I find it unfair that he has wasted nearly 6 years of my life and now Im over the age of 30 and I know it will be difficult to find someone else and yet he can marry anyone he wishes. He has savings of over £12K and has transferred cash to Bangladesh recently in hope to stop me from accessing this through divorce.
Answer:
In Islam, if a husband initiates the divorce, he has to pay the full dower amount to his wife. But if the woman initiates it, then it would be the opposite; She has to return the dowry to him (only if she received it) or forsake her right in it ( if she did not receive it).
All other matters, like his betrayal of you, his illicit relations with the woman are counted as sins for which he has to stand answerable in the court of Allah because he has taken the advantage of living in a non-Muslim country where such relations are not considered as crimes.
You are right in seeking divorce from such a person. You should not worry about the money. Allah would compensate you. This is a promise by ALLAH. "The one who fears Allah, He will make a way out for him and gives him sustenance in a way he cannot even imagine". (Sura Al-Talaq) You should apply for civil divorce along with Islamic divorce to have a clean separation from your husband.
Wassalam
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