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Spouses live separate, husband doesn’t maintain wife, What to do?

Answered according to Hanafi Fiqh by DarulUloomTT.net
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Assalaamu Alaikum

 

When a nikkah happens and a fixed price on the Mahr was not given, but cash was agreed to be paid. The husband never said divorce but they live separate. He does not maintain her, and she went to relevant authorities. He still has not declared talaq. Refuses to answer his phone. He has left the country and left messages with his relatives in foreign. What is the right of the sister. Last resort khula.

 

Wa Alaikum Assalaam,

 

الجواب و بالله التوفيق

 

You can try and get a Khula from your husband in order to end the marriage. For this, you can inform him that you will absolve him from paying the Mahr in return for a divorce. If he agrees to this, then a separation will take place. However, it is to be understood that Khula occurs through the mutual agreement of both parties or with the order of a Qadhi.

If this does not take place, and the matter is as you have described, then it means that you have valid grounds for seeking a separation from your husband. For this, you may take your case to a Mufti, Qadhi or a Council of Islamic Scholars who can look into this matter. They will then proceed with the case. If you wish, you can contact the Darul Ifta Dept. of Darul Uloom in regards to this matter.

 

And Allah Knows Best.

Mufti Waseem Khan.

5/11/15.

This answer was collected from DarulUloomTT.net, which is operated under the supervision of Mufti Waseem Khan from Darul Uloom Trinidad and Tobago.

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