Marriage Dissolution (Faskh) Due to Desertion

Question:

Assalamu alaikum wrwb,

The husband of a woman has deserted her since 15 years. He doesn’t provide for her anything and she has been living in her parents house. He is not giving her Talaq and not agreeing for khula. He has married someone else few years ago and it is not known where he is now.

If the woman wants to marry someone else, what should she do?

Answer:

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

As-Salāmu ‘Alaykum Wa-Rahmatullāhi Wa-Barakātuh.

In such a situation, the woman may submit an application of separation (Tafreeq) to a Jamiat to gain deliverance from the husband.

After the necessary investigations and procedures, the Jamiat will issue a Talaaq. The lady will observe Iddat and may remarry thereafter.[1]

And Allah Ta’ala Knows Best.

Azhar Mownah

Student Darul Iftaa
Mauritius

Checked and Approved by,

Mufti Muhammad Zakariyya Desai