***** For other Fatawa, please click on the topics on the left *****



List Of Topics

فتاویٰ > Social System > Triple Talaq

Share |
f:831 -    Is Nikah invalidated if husband lives abroad and wife is in India
 Country : Pakistan,
Name : Simran
Question:     Assalamalaikum wa Rahmatullah, Mufti Sahab, I have heard that if the husband stays away from the wife for 3 years, then Talaq is passed.  Is this correct?  My husband stays abroad and people are advising me to remarry?
............................................................................
Answer:     Walaikum Assalamalaikum wa Rahmatullahi wa barakutuhu,

In the Shariah, the marriage (Nikah) is not nullified/annulled if the husband and the wife stay separately.  This talk that if the husband and the wife stay away for 3 years, the marriage is invalidated is absolutely wrong.  

You should contact your husband and convince him to live together fulfilling each others' rights and duties.  If there is any problem, then you have the right to demand Divorce (Talaq) or Annulment of marriage (Khula).  If your husband gives either of them, then your marriage is terminated and after the mandatory waiting period (Iddat), you may remarry.  

And Allah Most High knows best.

Mufti Syed Ziauddin Naqshbandi Qadri

[Professor, Islamic Law, Jamia Nizamia,
Founder-Director, Abul Hasanaat Islamic Research Center]
All Right Reserved 2009 - ziaislamic.com