Message No : 7Sr.No : 269/725
Question By : Gazala Parveen Shaikh

Respected Janab,
Assalamualeikum,
I would like to ask your respected self a question relating to my marriage and divorce. I got married about 3 years back but within 3 months of marriage my husband left me and I have a child who is now about 2 years of age. My husband says that he will neither divorce me nor keep me with him.
He has neither fulfilled his marital obligations towards me nor his duties towards his child. To this end, till date he has never provided a single rupee towards our expenses nor is in touch with us for over a year now.
I had applied for a dissolution in the court (Family Court) last year and Inshallah in the month of May, an exparte decree will be given dissolving the nikah between him and me.
I would like to whom to approach for a Fask-e-Nikah as per Islamic Shariyah? Can you provide the address? Also what is the Iddat for me in such a situation?
Thanking you,

 

Reply By : Mohd. Shihabuddin Qasmi
Designation : Mufti, ODI, MMERC, Mumbai 

In the name of Allah, All Gracious, All Merciful
Wa Alaikumussalam
Dear Sister in Islam,
The answer to your question is as follows:

As per Islamic Shariah, you have to appeal against your husband to a SharĄŻee Qaazi, if available in your locality, or in a Muslim-Council comprising an Alim who is well-versed with Islamic knowledge, and ask for the dissolution of Nikaah. The Qaazi or the Council will dissolute the Nikaah after investigating the case. Thereafter, the Iddah of Talaaq will be observed; delivery for a pregnant woman, three menses period for one who has the monthly courses and three lunar months for one who is minor or reached menopause.

Contact the Alim of your locality and discuss about the mater, you will be guided, Insha Allah.

And Allah knows the best,

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