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Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I want to ask a question on behalf my mum, who seeks to annul her marriage to my father. He refuses talaq, yet he does not support her and he lives in another town, he does not support me or my sister, but that is not the main issue, my mum is his second wife. His first wife passed away recently. He does not contact my mum but he does to come to ‘visit’, and he stays at his other sons house, and not by mum. For no apparent reason. My mum has supported us her entire life alone. She has never commited adultery or anything like that. She does require a divorce because he is neglecting his responsibilities to her. Please can you advise, or ask me for more clarity if you need to know anything more about this. Your assistance will help us a lot.

Bismillaah

A: We suggest that your mother refers this matter to the jamiatul ulema of the area you live in. After investigating the matter and following the necessary procedures, if they find that there is no way of reconciliation, they will annul the marriage.

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

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

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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