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Trapped in Nikkah: My Struggle for an Islamic Divorce

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I am a female who is legally divorced in USA for more than one year. My ex husband went to a Shariah board 3 times during this divorce but refused to give me an Islamic divorce. During the marriage, he refused sex and any kind of relationship with me. He has not touched me for more than ten years. Am I still under his nikkah?

Bismillaah

A: If he consented to the court divorce then it is recognized in shariah, and if he has not revoked it as yet then you are out of his nikaah.

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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