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Annulment of Nikkah

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
My friend’s (deceased) daughter was born in Canada. She was married to a young man in Karachi about 3 years ago. There was no “Rukhsati” or consummation of marriage. Despite every effort, the groom could not get immigration visa or tourist visa to come and live in Canada with the girl. In the meanwhile the girl has always lived with her mother in Canada while the groom has now moved to South Africa.
The groom has never supported or communicated with the girl and has never shown any inclination to complete the rukhsati. The girl’s mother (and father when he was alive) made all efforts to communicate with the groom and to obtain the talaq, without any success. Would the Khula now be the only option for the girl and if so, how does she go about it? Your fatwa on this matter will be much appreciated, in-shaAllah.

بسم الله الرحمن الرحيم

(Fatwa: 829/773/N=1434)

It is severely haram and unlawful not to pay marital rights of wife and not to give her divorce and keep her in hanging position. Such a person shall deserve severe abasement and torment in the hereafter. Hence if the husband of your late friend’s daughter does not want to pay marital rights then it is wajib and necessary for him to divorce his wife and let her free so that she could marry any other man and could pass her life with him with modesty and virtue. But if he is not giving divorce then the easy method to get rid of him is to withdraw from the mahr if she has not taken it or by returning it back if she has received, then the husband is demanded to give khula. And if he demands some more money except mahr and is not ready for khula without it then if as per the capacity this demand may also be met owing to the future of the girl. However, if he is not ready for khula as well then the third and last option is that the girl and her guardians produce this case before Shariah Panchayat. The Shariah Panchayat shall solve it in the light of Shariah, in-shaAllah.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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