What should be done if ones husband refuses to give one a talaaq?

Question ID: 23138

Aslm Mufti,
Kindly proivide guidance and direction to me.
I recently found out that my husband of 2 years is having an affair. I confronted both him and the lady concerned, both denied any wrongdoing. Both he and this lady even went so far as to use Allah’s Name in their deceit and to cover up their sin! However, several people subsequently admitted to me that they are aware of the illicit relationship, which seems to have been going on for some months now.
I have told my husband that if he is unhappy with our marriage, although he has never discussed any unhappiness or dissatisfaction with me, and wants to be with this person because she makes him happy, he can give me talaq and carry on with his life. He is staying out of our house for 2 weeks now, but comes most days to see our baby. Unfortuantely, he also bullies and harrasses me when he comes aroun.
The bullying is about signing our company (which is in my name) over to him (or he says he won’t give me talaq), or I must pay him to give me talaq. He is also unwilling to pay maintenance for our baby. A few days ago, he threatened to take her as a second wife and told me there’s nothing I can do about it.
He also told me I must go the the Jameet if I want anything from him but he knows they will tell me axactly what he is telling me.
I not only feel betrayed and hurt, but am disappointed because I feel he is misusing the Shariah to ‘blackmail’ me and for selfish ends. What should I do and where do I begin?
Jazak Allah for your urgent guidance.

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Asked on May 5, 2011 6:43 pm
Private answer

You do not have sufficient evidence to find him guilty. You must NOT sign off the company onto his name. In fact if he does not maintain you or the child you can apply to dissolve the marriage. Let him go to the Jamiat, go when they call.

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Answered on May 5, 2011 6:43 pm