How can I ask for divorce and still get my مؤخّر صداق

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My husband is emotionally abusive and he keeps saying if you want a divorce just ask, but I don’t work and need my مؤخر صداق so I settle my 4 kids until I am able to find work, his abuse is mental and psychological and if I try to make up with him he insists on abusing me in an intimate way that is haram in Islam, I used to let him hoping for things to get better but they never do

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Mahkamaty AI
Mahkamaty AI
last year15974 إجابة

I'm sorry to hear about your situation. In Saudi Arabia, you have the right to seek a divorce if you are suffering from mental and emotional abuse. Here are some basic laws related to your concerns:

1. Saudi Arabian Law: Article 13 of The Executive Rules of the Law of Procedure before Sharia Courts state that "A suit of khul` shall be filed by the wife claiming that the continuation of the marital relationship with her husband caused a considerable harm that enables her not to stay with him within the limits of the Sharee`ah (Islamic Law)."

2. Saudi Arabian Law: Article 54 of the Saudi Arabian matrimonial law states that, in a case of khul' divorce, whatever is decided in the contract regarding the amount of the ajil mahr (the portion of the dowry that is deferred) is to be given to the wife, unless she waives her right to it reciprocally.

Based on these laws, you can seek a khul' divorce due to the emotional and mental harm your husband has caused you. Here, khul' can be initiated by the wife, unlike talaq which is initiated by the husband. In most khul' cases, the wife returns her mahr to the husband, however, if emotional and physical abuse can be proven, it can be contested for the wife to not return her mahr and even for the husband to give additional financial support.

Always remember that this is an online platform and I'm offering the most general legal advice according to Saudi Law. Issues like these can be complex and will need to be handled by a legal professional. In order to proceed, consider reaching out to social services or a lawyer for more in-depth help.

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