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Khula from a missing husband

Answered according to Hanafi Fiqh by DarulIftaBirmingham


Answered by: Molana Javed ibn Nazir Kachhalia


Question:


Assalamoalaikum,

My husband has been missing since 2 and a half years. First thing first, our marriage was not a match. It was a mistake made by my parents and I was too young to realise it. I was only 16 at that time whereas my husband was 27. Our culture was different as well as the language. There were lots of obstacles I had to face but that’s not the only thing, we do not match.


Now that it’s been 6 years of our marriage, and 2 and a half years of him missing, my question is, is there any way that I can seek khula (divorce)?

Jazakallah khair.


Answer


بسم الله الرحمن الرحيم


Waleikum Salaam


We pray that Allah ease your hardship and may He give barakah in your life and give you what is best. Ameen


In the scenario that you have mentioned, we are sure Insha’Allah you will be able to come to a decision or decision can be made. For this you will need to contact The Shariah Council. Insha’Allah once you put your case to them they will guide you in making the correct decision.


Some important points that you need to know:


An Islamic Shari Committee can annul a marriage if they have at least three just persons sitting therein.  They should all be knowledgeable and well versed in Shariah laws on marriage and divorce.  An annulment issued by such a committee is valid in the Shariah.   (The Complete System of Talaq p.211)


An annulment of marriage can be effected in any of the following situations:


The husband is missing completely


The husband is absent with no known whereabouts


The husband is incapable of maintaining his wife


The husband is unwilling to maintain his wife


The husband oppresses the wife such that he does not fulfil her rights


The husband is castrated


The husband is impotent


The husband is insane


The husband is afflicted with leprosy or any other illness which makes living with him difficult


The choice of an immature when he/she attains maturity


Husband or wife become apostate


Foster relationship which only becomes known after Nikah  


(The complete System of Divorce p.213)


Only Allah knows best.


Written by Molana Javed ibn Nazir Kachhalia


Checked and approved by Mufti Mohammed Tosir Miah


Darul Ifta Birmingham


This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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