AssalamuAlaikum
- Two mature adults had Nikah through Skype.
- After Skype Nikah, the couple lived together for almost two years. During that time Talaq was given twice out of anger and the husband continued to argue on different occasions making statements to the wife to go back home to her family.
- While the couple was living together things were different from what was portrayed by the husband. He was drinking alcohol and smoking (weed), with promises to change. However, he continued to drink and was verbally abusive.
- The wife left the husband’s home approximately one month and she continues to keep in contact through text message with the husband. He tells her they are still married and the divorce was not final.
Was their Nikah valid? Is their divorce valid? What is the best advice in this situation?
Wa Alaikum Assalaam,
الجواب و بالله التوفيق
Nikah through Skype is not valid. If it was done, then it remains invalid, which means that the two mature adults were not married to each other. Therefore, living together as husband and wife was in reality, a sinful relation.
At present, both parties are not married. They are strangers to each other.
The issue of the divorce being valid does not arise, since the marriage itself was invalid, and did not exist.
Both parties must separate from each other since their relationship was an unlawful one.
And Allah Knows Best.
Mufti Waseem Khan.
5/10/16.