He has some Fatwas from some 'Ulama in India and Pakistan who support this view. She really does not want to live with him, but he wants to punish her by keeping her in this uncertain condition. Please explain the Islamic position in this matter. According to Islamic law only a husband has right to divorce his wife. In case a wife does not want to live with her husband she has a right of Khula', i.e. she should ask her husband to divorce her and in return she may give up her Mahr.
Muslim judge has the authority to dissolve Islamic marriage.
The dilemma that Muslims in America face is this that there are no Muslim courts or Muslim judges in this country, and even if some Muslim scholars or imams of some Islamic centers dissolve a marriage according to Islamic laws, the American courts do not recognize Islamic divorces. Until the American court dissolves the marriage, the parties are considered legally married. In America, divorce can only take place by the judgment of the civil court, neither a husband has right to divorce his wife, nor a wife to divorce her husband, nor a religious authority of any religion can dissolve a legal marriage. In case of marital dispute the husband of wife both should go to a Muslim scholar and both of them should sign an agreement that they would accept his decision. Once the decision is made they should file it in the family court.