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Seeking Faskh: My Struggle with a Distant Husband

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I would like to ask a question regarding faskh. I have been married to my husband close to four years now and out of the four years we spent 6 month together. I wanted us to be a family and live together. I have been asking him for us to be a family but he keep saying it is not the right time. In the end I said, if it is not the right time to have a family for you then maybe we should end it and you find a sister when you ready. That got me a phone ban. Basically he stopped calling and refused to answer his phone. At this point I went to visit where he lives. Which is in another continent. I ended up there called him and he said you are not here for me. I did not ask you to come. I have been there for 3 weeks trying with no avail. Now he is refusing to pick up my phone and it is one year since I went to visit and he refuses still to talk to me. I would like to go for a faskh but I do not want to do anything unislamic. What us your take on this?

Bismillaah

A: We feel you should go to a ulama body that can start off the faskh procedure.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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