My niece Sayeeda Nadaf, was married to Basheer Shaikh, in the year 2002. He stayed for a week and disappeared. During his stay; he abused my niece and said, “I give you Talaq; not only 3 times, but 1000 times. When he pronounced this; only my sister (Sayeeda’s mother) was present. He was not earning anything, depended on my niece’s earnings – she is working as a Nurse. He is absconding for last 9 years. I inquired about his whereabouts and his mother and brother said, “We do not know, we have boycotted him from our family long back”. Now my niece wishes to marry another man. I approached Mufti Saheb of Belgaum Dist Karnataka. He insisted a fatwa from you, hence this question is sent you. Whether the talaq is valid as per “Shariah” if not what shall I do to perform her Nikah with another man?
Answer:
(Fatwa: 519/519/M=1433)
If Saeeda’s husband gave her more than three talaqs before he disappeared and it is established by Shariah evidences then Saeeda was divorced as mughallazah bainah and became haram for her husband. And during the period of nine years her iddah was also over; hence she can marry any other man. And if the talaq is not proved as per Shariah, then Saeeda should file her case in any local or nearby Shariah Panchayat, from where it shall be resolved.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband