Woman fleeing her marriage home due to abuse

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I know a woman who have married with a man who already married two women and he didn’t tell the truth, after some time this man beat his wife and treated her badly, at last he decided to kill her. When this woman sensed it she left her husband with out telling him to germany. After 3 years this woman married another boy but her ex-husband didn’t give divorce and the wife also didn’t take khula. During the 3 years the ex-husband didn’t give nafaqah and didn’t even search for her. Now is the second nikaah valid for this woman.

Note: The ex-husband by his wish did an operation not to have children and her ex-husband was not ready to talk and was just by name Muslim. This women told him so many times to leave her and she doesn’t want anything from him but the husband said that I will take you to my brothers home and will leave you there for ever.

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A: If the husband did not issue the divorce nor did khula take place, the nikah has not yet terminated. Hence, the second nikah is not valid. If the first husband does not wish to fulfil his shar’ee obligations towards his wife, nor does he wish to issue the talaaq or make khula, then the wife should go to the  Ulama board of the place she is residing in and file a complaint regarding her husband. After the necessary shar’ee procedures the Ulama board will annul the nikah.  

And Allah Ta’ala knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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