🚪 Divorce, ʿiddah & rujuk · #8

I want a divorce but my husband refuses to pronounce talaq. What are my options?

A wife may apply for divorce through the Syariah Court by redemption (khulʿ), judicial dissolution (fasakh) or taʿliq (conditional divorce).
Khulʿ: the wife offers a payment (usually returning the mahr) so that the husband divorces her.
Fasakh: dissolution by the court on grounds such as non-payment of maintenance, mistreatment or a missing husband.
Taʿliq: if the husband breaches the taʿliq declaration read after the contract.
The court usually goes through a sulh (mediation) process and may appoint arbiters (hakam). A wife is permitted to seek separation when there is a reasonable cause; the Prophet ﷺ himself allowed the wife of Thabit bin Qais to separate through khulʿ. Get advice through counselling or khulʿ & fasakh.

Sources

Surah al-Baqarah 2:229Sahih al-Bukhari 5273Act 303, s.52State Enactments

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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