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Talaq Seegha Issuance (Divorce)

Q:

Aoa as reference to my question # 5627, i did not get the clear answer. As issue here is that husband is not willing to divorce at any cost and blackmailing my father that he will never divorce me & will continuously humiliate us. My family, father brother talk to him but he is ignoring our calls even he clearly said he will not divorce me. Please we need talaaq sigha issuance from Ayatullah g because now he is only our hope but i dont know how to contact Him. We have emailed sistani.org for issue but not getting any ans related to our problem. We are in great trouble as i have 3 more sisters & my father is very worried please please guide us & help us to issue talaaq sigha from Sistani g he is only hope after Allah now.

A:

Waalaykum salam..

Further to your Query I called the office of Sayyid Sistani and they said: 

You must convince your husband to give you the divorce. A representative of Agha can only give Talaq if the husband has been abusing his wife. E.g. not providing her with food, clothing, shelter, etc. Or physically abusing her.

In your case, since you are not living together, you must come to an understanding where he will be ready to leave you for a material return.

In this case your family should offer him a return of some amount of money or so to grant you your Talaq. (This is the actual meaning of khula).

On a side note, if he is your first hand cousin as in 'Rahim', he cannot ask back for the gifts he has given you especially the ones that have already been used off.  E.g. food items, clothes that are perished etc. 

I hope this was useful.

Fiamanilah

Naajiya.S.Jaffery