Fatwa ID: 01357
Answered by Mufti Mohammed Tosir Miah
Question:
My situation is pretty much the same however I was involved in a marriage which was forced and continually said no and on the day if nikah i tried to say no but I couldn’t the molana asked me the question 3 times and I would not give an answer until I finally did give an answer. I do not see him as my husband and never have I have had no contact with him for five years and i am in love with someone who I really want to marry but my family are not letting me get my divorce what do I do?
Answer:
In the name of Allah, the most Beneficent, the most Merciful.
In the aforementioned scenario, it will be advisable that you forward your case to the Islamic Shariah Council in Dewsbury, who can annul your marriage. Contact:
Maulana Yaqub Qasmi
Dewsbury, UK
Home/Office: +44 (1924) 464523
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
Mohammed Tosir Miah
Darul Ifta Birmingham.
