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Moving On: Seeking Marriage Nullification After 6 Years of Separation and Abuse

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: Me and my husband have been apart for 6 years. He has not supported me and our daughter. I have given him an ultimatum to choose before we got seperated because he was abusing me physically and emotionally and financially. He became violent and started to disrespect my family and me. The Imam of our town said the marriage can be claimed void due to the fact that we have not been in any contact for 6 years and also if we can find out if he converted back to his previous religion. Can you please tell me if it is possible because I want to move on with my life and the Imam is dragging the whole process.

Bismillaah

A: The imaam is incapable of issuing fatwas of deen. Don’t refer to him for deeni verdicts. Remaining apart is not a reason for the dissolution of a marriage.

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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