Marriage and divorce
Q93: Civil divorce between a man and a woman is finalized according to Western laws, but the man refuses to grant sharëi divorce or provide maintenance to his wife, and refuses to accept sharëi mediation. What is the position of the wife knowing that her patience in this situation is absolutely a cause of hardship?
A: Her case should be taken to al-hakim al-sharëi or his representative who would advise the husband to abide by one of the two options ó either he provide maintenance or implement the sharëi divorce ó even if it is through a representative other than himself. If he refuses both options and it is not possible to provide maintenance for her from his property, then the hakim or his representative can divorce her. (MMS, p. 26, Q47)
Q94: Is it permissible to have a sexual relationship without a sharëi contract with women who are unbelievers from People of the Book, or without a religion, knowing that the government and state of their country are in a state of war with the Muslims, either directly or indirectly?
A: That is not permissible. (MMS, pp. 26-27, Q48)