Social Matters >> Talaq (Divorce)

Question # : 3422

Pakistan

I a living in USA, i went to pakistan for my nikkah, after my marriage i lived 2 months wwith my husband but situation was so messed up that i have decided for khullah now. My husband lives in London UK, i am not in contact with him since last 7 months. My inlaws in pakistan also have moved to new adress which we dont know. so i dont know their adresses, and my husband thretened me that i will never be able to get rid of him ever. He is not willing for talaq, me and my family tried our best but he and his family is constatnlt verbally abusing and harrasing me and my family. Now the question is , where should the court send a copy of khulla or degree so that my husband and inlaws should be informed that the case is in court and what should i do if he is not giving me divorce. he asked to me that he will never give me divorce. now he is trying to avoid the situation and hiding. other question, if i decide to marry again, will i be going through the IDDAT period once khullah will be valid. As i am not living with him since last 7 months. or i can marry after khulla is valid thru the court. kindly guide me.

Answer : 3422

Published on: Apr 21, 2008

بسم الله الرحمن الرحيم


(Fatwa: 264/251=J)


 


If there is no way of reconciliation left between husband and wife then the husband should be asked to divorce his wife. In case, he is not ready for talaq then he should be asked to do khula. Khula can take place only when the husband and wife are ready for the same, the khula from court without the consent of any of the two is not valid as per Shariah:


قال شمس الائمۃ السرخسی: فیحتمل الفسخ بالتراضی أیضاً و ذلک بالخلع واعتبر ھذہ المعاوضۃ المحتملۃ للفسخ بالبیع والشراء فی جواز فسخھما بالتراضی۔ (مبسوط: 6/171)


Yes, if the husband is absconding and he is not giving maintenance and is not ready to give talaq or appear in court, then wife will have right to file her case in Sharai Panchayat (or Darul Qaza) and the panchayat can cancel their nikah after due investigations. After getting khula a woman will sit in iddah period and afterwards she can marry where she likes.


 


But as far as khula or faskh-e-nikah in Pakistan is concerned, it must be asked by local Ulama.



Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

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