If a person is not in contact with her wife and has disappeared, for how long she has to wait. Can we assume that the person is not interested and give talaaq.

As-Salaam Wa Alaykum Mufti Sahab,I married my sister in March 1999. Before marriage, her husband and his family used to behave very nicely with us, but later on we found out that these people were of extremely bad character. They used to cheat people, drink wine, and do all sort of bad things. For money they harrased my sister a lot. They kept her without food for three days. Later on my brother went to them and brought my sister back to my house. Her husband and his family took all her jewellery, clothes and everything whatever we had given in marriage and disappeared. Her husband is not in contact with her since about last 10 months. But he promised that he will come and take her back. I am in a confused state as to how long to wait for him as he has neither called back nor has he sent any letter. And even I don?t want to send my sister to such cruel people. 1. Can I assume that he is not interested and go ahead with divorce. 2. Can I look for someone else to marry her. Please advise. Jazak-Allah Khair

Answer

Respected Brother-in-Islam

Assalaamu Alaykum Wa Rahmatullaahi Wa Barakaatuhu

Your sister is still that person’s wife until he issues her Talaaq.

She cannot marry someone else. You should get in touch with him and address
the dispute and amicably resolve it.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT.

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