Question:What is the procedure of dissolving 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 annulled?
Answer:The wife in this case should first ask for a divorce in return for a compensation to be paid by her (i.e. Khula’). 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 Maalik and accepted by the Hanafi Jurists). The procedure of severing the marriage is that, the wife should approach the Qaadhi, religious leader of the Muslim committee and file her case against the husband. The Qaadhi (etc) would then investigate the matter. If it is found to be true, then the husband would be ordered by the Qaadhi to fulfill the rights of the wife or give her a divorce. If he refuses to do both, the Qaadhi would then pronounce the divorce, thus, resulting in the annulment of the marriage.
(RaddulMukhtaar, Volume 3, Pg.590 / FataawaDarulUloomDeoband, Volume 10 ,Pg.237 / HeelatunNajizah, Pg.119 / Kifaayatul Mufti, Volume 6, Pg.89-90)
And Allah Knows Best.
Mufti Waseem Khan.