I want to ask you about very important Issue that relate to Separation after marriage. Scenario: This Issue relates to one of my relative (a woman). She Married 3.5 years ago but unfortunately, after 2nd month of her marriage, her husband cheat her and left her without giving her talaq. After one year she became a mother of a beautiful Daughter. She took her baby to him and showed him his Daughter, 1st he denied to accept that she is his daughter but after some emotional arguments between them he accepted and believed her that he will give their rights, but he didn?t do so. He escaped again and never came back. Now, her Daughter is 2.5 year Old but there is no sign of him. She don’t know, whether he is alive or dead. My Questions are: ? Is the Nikha is still valid. ? If that Woman wants to do another Marriage, how could she do as she doesn’t even know her husband address or anything about him? ? How the separation/talaq/divorce can take place? ? How would she start a new marriage life? Kindly help her by giving her a proper advice. I?ll be very thankful to you.
Answer:
(Fatwa: 1172/896/H=1431)
(1) The nikah is still valid.
(2) The woman should file her case in the local sharai punchayat. If they cancel the nikah after due investigations as per Islamic Sharia, then she can do the second nikah after completing her iddah period. The details of sharai punchayat or Jama’atul Muslimin is mentioned in Al-Hilah al-Najiza Lil Halilah al-Ajiza.
(3 & 4) Same as the answer no 2.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband