{"id":9947,"date":"2018-02-28T18:18:02","date_gmt":"2018-02-28T18:18:02","guid":{"rendered":"http:\/\/daruliftabirmingham.co.uk\/?p=9947"},"modified":"2018-02-28T18:18:36","modified_gmt":"2018-02-28T18:18:36","slug":"khula-from-a-missing-husband-2","status":"publish","type":"post","link":"http:\/\/daruliftabirmingham.co.uk\/home\/khula-from-a-missing-husband-2\/","title":{"rendered":"Khula from a missing husband"},"content":{"rendered":"

\n\tFatwa ID: 02427<\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\tAnswered by:<\/strong> Molana Javed ibn Nazir Kachhalia<\/span><\/span><\/span>\n<\/p>\n

\n\tQuestion:<\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\tAssalamoalaikum,
\n\tMy husband has been missing since 2 and a half years. First thing first, our marriage was not a match. It was a mistake made by my parents and I was too young to realise it. I was only 16 at that time whereas my husband was 27. Our culture was different as well as the language. There were lots of obstacles I had to face but that's not the only thing, we do not match.<\/span><\/span><\/span>\n<\/p>\n

\n\tNow that it's been 6 years of our marriage, and 2 and a half years of him missing, my question is, is there any way that I can seek khula (divorce)?
\n\tJazakallah khair.<\/span><\/span><\/span>\n<\/p>\n

\n\tAnswer<\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\t\u0628\u0633\u0645 \u0627\u0644\u0644\u0647 \u0627\u0644\u0631\u062d\u0645\u0646 \u0627\u0644\u0631\u062d\u064a\u0645<\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\tWaleikum Salaam<\/span><\/span><\/span>\n<\/p>\n

\n\tWe pray that Allah ease your hardship and may He give barakah in your life and give you what is best. Ameen<\/span><\/span><\/span>\n<\/p>\n

\n\tIn the scenario that you have mentioned, we are sure Insha’Allah you will be able to come to a decision or decision can be made. For this you will need to contact The Shariah Council. Insha’Allah once you put your case to them they will guide you in making the correct decision.<\/span><\/span><\/span>\n<\/p>\n

\n\tSome important points that you need to know:<\/span><\/span><\/span>\n<\/p>\n

\n\tAn Islamic Shari Committee can annul a marriage if they have at least three just persons sitting therein.  They should all be knowledgeable and well versed in Shariah laws on marriage and divorce.  An annulment issued by such a committee is valid in the Shariah.   (The Complete System of Talaq p.211)<\/span><\/span><\/span>\n<\/p>\n

\n\tAn annulment of marriage can be effected in any of the following situations:<\/span><\/span><\/span>\n<\/p>\n

\n\tThe husband is missing completely<\/span><\/span><\/span>\n<\/p>\n

\n\tThe husband is absent with no known whereabouts<\/span><\/span><\/span>\n<\/p>\n

\n\tThe husband is incapable of maintaining his wife<\/span><\/span><\/span>\n<\/p>\n

\n\tThe husband is unwilling to maintain his wife<\/span><\/span><\/span>\n<\/p>\n

\n\tThe husband oppresses the wife such that he does not fulfil her rights<\/span><\/span><\/span>\n<\/p>\n

\n\tThe husband is castrated<\/span><\/span><\/span>\n<\/p>\n

\n\tThe husband is impotent<\/span><\/span><\/span>\n<\/p>\n

\n\tThe husband is insane<\/span><\/span><\/span>\n<\/p>\n

\n\tThe husband is afflicted with leprosy or any other illness which makes living with him difficult<\/span><\/span><\/span>\n<\/p>\n

\n\tThe choice of an immature when he\/she attains maturity<\/span><\/span><\/span>\n<\/p>\n

\n\tHusband or wife become apostate<\/span><\/span><\/span>\n<\/p>\n

\n\tFoster relationship which only becomes known after Nikah  <\/span><\/span><\/span>\n<\/p>\n

\n\t(The complete System of Divorce p.213)<\/span><\/span><\/span>\n<\/p>\n

\n\tOnly Allah knows best.<\/span><\/span><\/span>\n<\/p>\n

\n\tWritten by Molana Javed ibn Nazir Kachhalia<\/span><\/span><\/span>\n<\/p>\n

\n\tChecked and approved by Mufti Mohammed Tosir Miah<\/span><\/span><\/span>\n<\/p>\n

\n\tDarul Ifta Birmingham<\/span><\/span><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

Fatwa ID: 02427 Answered by: Molana Javed ibn Nazir Kachhalia Question: Assalamoalaikum, My husband has been missing since 2 and a half years. First thing first,…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[4],"tags":[],"_links":{"self":[{"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/9947"}],"collection":[{"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/comments?post=9947"}],"version-history":[{"count":1,"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/9947\/revisions"}],"predecessor-version":[{"id":9948,"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/9947\/revisions\/9948"}],"wp:attachment":[{"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/media?parent=9947"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/categories?post=9947"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/tags?post=9947"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}