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A Question on Validity of Nikah / Request for Dissolution of Nikah

Answered as per Hanafi Fiqh by ShariahBoard.org

Assalamu Alaikum,

I’m a Turkish woman who met an Iraqi man while in Turkey in 2008 and together we married after he moved to the US in 2009. Our nikah was performed by an imam in Boston, MA and we also registered at the local clerk for marriage certificate.

In the 5th year of our marriage my husband said that he no longer loves me and wished to separate. Since we had a child I pleaded to keep our marriage intact so we can work out our problems. I sought counselling. Over time he became reclusive, emotionally unavailable, and started to belittle me. His behavior got worse, to the point that he had left his prayers, and fasting, and acquired a taste for wine, and had relations outside of our marriage with women. A year passed and he asked me to sleep in another room. His behavior got worse and worse. He finally said he will no longer pay for my rent and he will not renew the lease for our apartment on both of our names. He asked me to move out. I had to find a job, move out and support myself on my own. My parents helped. He wanted to come and go as he pleased, to visit his child and ask me to fulfil my wifely duties, but I refused to fulfil his request. I allowed him to see his daughter and spend time with her but he was no longer allowed to come into my home and request sexual relations. After a year and half of living on my own, I decided to go back home to Turkey to seek guidance from my parents and family. When I came back, my husband called my father and told him that he still loved me. My father advised me to go back. But I refused. By now my husband has changed his name from Ahmed to Alex, acquired a completely different lifestyle and is no longer the man I knew he was. I’ve been in Turkey for 7 months now and I’ve requested divorce proceedings. However my husband refuses. He refuses on account that he still loves me. I cannot bare to live like this. I am in doubt of the validity of my nikah due to his rejection and forcing separation on me. But more importantly, these conditions are not pleasing to Allah, I would like to request a dissolution of nikah by the Sharia Board. 

Thank you,

We reccomend that you contact the ulamah kiram of the Shariah Board of America (known as Al-Majlis Al-Shar’ai) and request them to help you seek Khula’ from your husband. You can email them at ms@rahmatealam.org.

Wassalam

This answer was collected from Shariahboard.org. It was established under the supervision of the eminent faqih of our era, Hazrat Shah Mufti Mohammed Navalur Rahman damat barakatuhum.

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