Wants to divorce her non-practicing dishonest husband
22-5-2007 | IslamWeb
Question:
as salamu alaikum , i am a sister that ' s trying to practie the deen and my gaol is how to be clser to Allah . but my problem is that my husband is too much invole in the DUNIY. He works days and night ,he only come back home just to sleep and go back at work and also he doesn'nt talke to me ,he does'nt spend nothing on me i pay the food we eat and I pay the gaz and the lihgt bill and I even use to pay the rent to the apartment we live into,he does'nt do for me any service that i may ask him either but if the people ask him to do something for them ,he do it for them so that they won't say he is a mean person and he is a thief too. He had stolen all my money and my check that i had keep in the house .so now I don't trust him no more .so iwant to know if that a reason for me to divrce him and I want you to know i pregant ,so i want to ask for divorce so that i may find a good brother to married me and teach me and my chied INSSHA ALLAAH.and one more thing i forgot to tell you he goes to parties and he is also asham of me the fact that i am coverand his friends's wive don't baclly he want me to wear sexy and go out and to let you something too he quran and hadith because he went to islamic school so he know what he is doing is bad. .And i had been passion for long time for him to change so now i can be patient any more because i fear for my IMAN and TAQWa.
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
First of all, we ask Allaah to make a way out to your difficulty and facilitate your affairs and turn your husband into a righteous man, as Allaah is the All-Hearer and Responsive.
If the matter is as you mentioned in the question that your husband does not spend on you and he does not fulfil the obligation of Allaah on him in treating you kindly, in addition to stealing and ordering you not to wear Hijab and to wear attractive dress, then he is disobedient to Allaah and negligent about your rights. Indeed, such matters are a sound reason for asking him to divorce you but you should not hasten to do so. In our view you should start by advising him in kindness and seeking the help of the righteous people whom you think may influence him. But first of all, you should seek the Help of Allaah and ask Him earnestly, as Allaah is capable of turning him into a righteous man. If this is achieved, then all perfect praise be to Allaah, however, if he persists on his condition, it is more appropriate for you to ask him for divorce. If he accepts, then this is what is required otherwise you should take the matter to the nearest Islamic Centre so that they would study your case and lift the harm from you by ordering him to divorce you or by divorcing you from him, if they take the role of the Islamic Judge.
A woman does not have the right of divorce, so her divorce does not have any affect on the marriage contract.
Moreover, any divorce which is imposed in a civil court only is not considered effective Islamicly as decided by The Council of Muslim Jurists of North America during their second conference.
Finally, you should know that if divorce happens, you are not permitted to marry another man until your waiting period finishes; the waiting period of a pregnant woman ends when she gives birth to the baby.
For more benefit, please refer to Fataawa 88393, 89815 and 85240.
Allaah Knows best.