Applying for faskh

Q: One month ago I moved out of the marital house and moved back to parents, before I left I told my husband that I am going to speak to my parents and inform them that the marriage is over and I suggest he does the same, we were living with his parents, for years we were living an unhappy life, constantly arguing, him verbally and emotionally abusing me and not nafakaing me.

1. Am I living an unislamic life by living with my parents during the process of me applying for a faskh?

2. Do I have valid grounds for ending the marriage due to him not nafakaing me and constantly verbally abusing me?

3. Is there an idaa period if I apply for faskh and when does my idea period start?

A:

1. If his behaviour has become unbearable and this is the only option that you have, that you stay away from him and apply for faskh then apply for a faskh

2. As above, if this is unbearable.

3. Yes. From the time the faskh has taken place.

And Allah Ta'ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

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