Husband not wishing to issue a divorce

Q: I have a very unusual question. I am married and alhumdullilah I am blessed with 2 sons. A few years ago my dad passed away in an accident and my mom was young so we decided to get her married and we did. But her husband was not of good character and he left her after two months and my Mom came back to my house. It’s more than 3 years now he did not contact her but at the same time he is not giving her divorce. We asked so many times but he always refused it. Now we have another man who wanted her to get married to him but he is not giving divorce. We can’t go to court because of some legal issues. So in that case what does Islam say about women in this situation?


A: We advise that you refer to the Jamiatul Ulama or Darul Ihsan and ask them to assist you. After following Shar’i procedures they will annul the nikaah.

And Allah Ta’ala (الله تعالى) knows best.


Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)