Khula from a missing husband

Fatwa ID: 02426

Answered by: Molana Javed ibn Nazir Kachhalia

Question:

Assalamoalaikum,
My 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.

Now 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)?
Jazakallah khair.

Answer

بسم الله الرحمن الرحيم

Waleikum Salaam

We pray that Allah ease your hardship and may He give barakah in your life and give you what is best. Ameen

In 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.

Some important points that you need to know:

An 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)

An annulment of marriage can be effected in any of the following situations:

The husband is missing completely

The husband is absent with no known whereabouts

The husband is incapable of maintaining his wife

The husband is unwilling to maintain his wife

The husband oppresses the wife such that he does not fulfil her rights

The husband is castrated

The husband is impotent

The husband is insane

The husband is afflicted with leprosy or any other illness which makes living with him difficult

The choice of an immature when he/she attains maturity

Husband or wife become apostate

Foster relationship which only becomes known after Nikah  

(The complete System of Divorce p.213)

Only Allah knows best.

Written by Molana Javed ibn Nazir Kachhalia

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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