Fatwa: # 42103
Category: Marriage (Nikah)
Country:
Date: 21st March 2019

Title

Husband conducted a secret Nikaah and abandoned the wife

Question

Aslamualikum,

Asking on behalf of friend. She got married second time with a person which always appeared to be nice and caring towards her. But girl did marriage without the consent of his wali. The boy was previously married and had kids. He didnot ask permission of his first wife and did secret nikah with girl. At the time of nikah it was from a friend and imam. There was just verbal ejaab and qabool , no papers were signed and imam said after few days you both groom and bride come to mosque and sign on papers. The boy went back to his country and papers were not signed and collected. Now it's been 1 and half year and boy who promised to tell his family and announce in few months is making excuses. He is not coming to visit his wife , only sometimes in few months talk over phone. The girl is quite distressed and now she noticed husband drinks aswell and over phone talks abusive language.  The man is rich but not providing his second wife any rights. The girl did marriage as she was in fear of zinnna  and she needed support and she was mistaken by his promises. Man didnot give haq mahar at time of nikah which is big amount and now he is trying to avoid her . Not visiting her , not talking her even for months . 

Please tell how can she get khula without nikah paper . She dont know about imam and mosque and not in contact with other witness.

Please reply asap it's very urgent

Jazak alkhair

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Sister in Islam,

We are sad to note the contents of your email and your friend’s tribulations. Her husband’s attitude is unfortunate. It is clear that he is an irresponsible husband. He is guilty of negligence in his marital obligations.  We make dua Allah grant her courage to overcome her challenges.

Your friend got married for the second time. She has a fair amount of experience of life and especially of men.

It should not have been difficult for her to understand the deception hidden in the proposal of the secret marriage, which has now become clear.

Marriage is an extremely important step and a lifelong responsibility. It is a lifetime commitment in which a long-term relationship is established as a family.

When one is choosing a spouse, he/she is choosing a companion for the rest of his/her life. Hence, it is of utmost importance than one makes a constructive decision, deliberates every avenue and thinks for the long term.

It is evident that her husband does not want to live with her. There is no point in pursuing the marriage with him.

Our advice to your friend is to discuss her frustration with the seniors of her family, and explain to them what she is going through.

She may apply for a Khula without the Nikaah paper. It is not necessary to have the Nikaah paper. However, a Khula is valid only if the husband agrees to the Khula. If the husband does not agree to the Khula, the Khula will not be valid. [1]

If the husband does not agree on the Khula, she may contact a reliable Ulamah body and terminate her marriage through Faskh-e-Nikaah.

We also advise her to perform Salaatul Hajaah and seek assistance from the Almighty.

She is very close to Allah. She should put her trust in Allah and seek strength from him. Du’aa is the weapon of a believer.

May Allah Ta’ala ease her pain and suffering and alleviate the predicament she is faced with. Aameen

And Allah Ta’āla Knows Best

Muhammad I.V Patel

Student Darul Iftaa
Lusaka, Zambia

Checked and Approved by,
Mufti Ebrahim Desai.

________


[1] الدر المختار وحاشية ابن عابدين (رد المحتار) -فرفور (10/ 66) 

(قوله: وشرطه كالطلاق) وهو أهلية الزوج وكون المرأة محلا للطلاق منجزا، أو معلقا على الملك. وأما ركنه فهو كما في البدائع: إذا كان بعوض الإيجاب والقبول لأنه عقد على الطلاق بعوض، فلا تقع الفرقة، ولا يستحق العوض بدون القبول، بخلاف ما إذا قال خالعتك ولم يذكر العوض ونوى الطلاق فإنه يقع وإن لم تقبل لأنه طلاق بلا عوض فلا يفتقر إلى القبول

 

بدائع الصنائع (3/ 229)

و أما ركنه فهو الإيجاب و القبول لأنه عقد على الطلاق بعوض فلا تقع الفرقة و لا يستحق العوض بدون القبول بخلاف النوع الأول فإنه إذا قال : خالعتك و لم يذكر العوض و نوى الطلاق فإنه يقع الطلاق عليها سواء قبلت أو لم تقبل لأن ذلك طلاق بغير عوض فلا يفتقر إلى القبول و حضرة السلطان ليست بشرط لجواز الخلع عند عامة العلماء فيجوز عند غير السلطان

 

التاتارخانية ، جلد5 ص5

الخلع عقد يفتقر إلى الإيجاب و القبول يثبت الفرقة و يستحق عليه العوض

 

المحيط البرهاني في الفقه النعماني (5/ 59)

ومن جانب المرأة تعتبر بالإيجاب والقبول كما في باب البيع حتّى إنّه إذا كانت البداية من جانب الزوج، فقامت عن المجلس قبل القبول يبطل الإيجاب، وإن كانت البداية من جانب المرأة بأن قالت له اخلعني على كذا، صحّ رجوعها قبل قبوله ويبطل بقيامها عن المجلس وبقيامه ولا يتوقف حال غيبة الزوج، ولا يجوز التعليق منها بشرط، ولا إضافة إلى وقت وقدّم الفرق من الجانبين قبل هذا

 

آپ کے مسائل اور ان کا حال جلد6  صفحہ 655

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