Dissolving a Marriage.
Question:
What is the procedure of dissolving or severing a marriage? The husband and wife are not living together, he neither maintains her nor looks after her, but still refuses to give her divorce. Can the marriage be severed?
Answer:
The wife in this case should first ask for a divorce in return for compensation to be paid by her (i.e. Khul’a’). If the husband still refuses to give her a divorce, then the wife can seek severance of the marriage (based on the fatwa given by Imam Malik and accepted by the Hanifi Jurist).
The procedure of severing marriage is that, the wife should approach the Qazi, religious leader or Muslim committee and file her case against the husband. The Qazi (etc) would then investigate the matter. If it is found to be true then the husband will be ordered by the Qazi to fulfill the rights of his wife or give her a divorce. If he refuses to do both, the Qazi would then pronounce the divorce. This will result in the severance of the marriage.
(Durri Mukhtar – Vol.3 – Pg. 590 / Fatawa Darul Uloom – Vol. 10 – Pg. 237 / Heelatun Naajizah – Pg. 116 / Kifayatul Mufti – Vol. 6 – Pg. 89 & 90)
And Allah knows best.