A married woman whose husband has separated from her for four years, and he does not want to divorce her nor take her back, so what is the ruling on this matter?
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The questioner : The second one is also a married woman whose husband has separated from her for four years, and she has not received any financial maintenance from him.
The Shaykh : You mean he separated from her but did not divorce her.
The questioner : Divorce only for money.
The Shaykh : You mean he separated from her but did not divorce her.
The questioner : And he did not divorce her, yes.
The Shaykh : Okay, then.
The questioner : And then he does not want to marry her, nor does he want to divorce her.
The Shaykh : You mean he wants to
The questioner : He wants the divorce.
The Shaykh : You mean he wants to leave her in a state of suspension.
The questioner : Yes.
The Shaykh: Okay
The questioner : He is in Somalia and she is in the Netherlands.
The Shaykh : Allahu Akbar.
The questioner : Yes, so what is the ruling on this matter?
The Shaykh : First, why does he not want to divorce her or take her back into his protection and fulfill the obligatory rights he owes her? Why?
The questioner : Her mother told him to marry someone else, so he left her. After that, he sent more than one message saying, you know, she is... but he refuses to give her the divorce papers except for money.
The Shaykh : Ah, okay. She should take her case to the Shari'ah court and tell this story that you are conveying on her behalf. Then the Shari'ah court will separate her from him, despite his objection.
The questioner : Yes, this is correct, provided she is in a place where there is a Shari'ah court. She is in the Netherlands.
The Shaykh : Yes.
The questioner : Yes, and he is in Somalia. The problem with Somalia is known to you now; communications are almost cut off.
The Shaykh : True, but when she says this, how do we know that the matter is as she says?
The questioner : So if the matter is established as she says, through questioning and witnesses, meaning if there is someone who conveyed this news other than her.
The Shaykh : What is it?
The questioner : I mean, if someone other than her conveyed the news.
The Shaykh : Ah
The questioner : Another person.
The Shaykh : Ah
The questioner : Yes.
The Shaykh : My brother, this has become a court case, not a fatwa case.
The questioner : Yes.
The Shaykh : Okay, in that case, she must take the path of the court, its way and its procedure.
The questioner : Yes, but now there is no court in Somalia, meaning there is war now, no security, and ongoing fitnah (trial/discord). So does she have to wait, or does this constitute a separation between them?
The Shaykh : How old is she?
The questioner : Her age is
The Shaykh : Approximately
The questioner : From thirty
The Shaykh : Approximately, meaning she has children from him.
The questioner : I do not know.
The Shaykh : Yes, you must complete the information.
The questioner : Okay, if she has children, what happens?
The Shaykh : The problem becomes more complex.
The questioner : Yes.
The Shaykh : If they were
The questioner : And if they were not
The Shaykh : It would be closer to a solution. I see that she should write the case to the Ifta (scholarly research and ijtihad) in Saudi Arabia.
The questioner : Yes, may Allah reward you with good.
The Shaykh : This is from one aspect. First, and second, this suspended wife should put her signature. She should write the inquiry in her own language, in her own tongue.
The questioner : Yes.
The Shaykh : And she should put her signature and the signatures of the witnesses with her.
The questioner : Yes.
The Shaykh : And it should be mentioned as a footnote what I told you earlier about the impossibility of communicating with the husband, because I see that the judge who should rule according to the Shari'ah should warn this husband and say to him: We will divorce your wife despite your objection, unless you present your proof. If he answers and has a proof, then they order the wife to be patient. And if he has no proof, they separate him from her. And if he does not answer either, they have given him or imposed on him a period, saying: We did not receive your answer, so we are separating you from your wife and we permit her to marry someone else before she is exposed to fitnah (trial/discord).
The questioner : Yes, that is the problem.
The Shaykh: Yes
The questioner : Unfortunately, there are many people here who do not give any weight to a fatwa. So I asked people, and they married her.
The Shaykh : Yes, may Allah guide you. So what is the benefit of all this questioning? Do not blame me, Abu Suhayb. I will tell you: you wasted my time.
The questioner : Yes, good, if Allah wills.
The Shaykh : What is the benefit of the questions, since the one who said, "It has happened what I feared would happen. Indeed, to Allah we return," was truthful? Was this not before this?
The questioner : Yes, I did not know about this until after the marriage.
The Shaykh : Yes, but I did not know about this until after your inquiry. So this inquiry was not supposed to happen. You occupied us with something practical. So let us look at something else. What do you have?
The questioner : But this is the situation now. She got married, so I asked people, and they married her. And then they asked me, and I told them that this marriage is, of course, not valid, because she is still not divorced from the first one.
The Shaykh : Yes, that is so, Abu Suhayb. Take this as a lesson. This is one of the tragedies and evils and bad consequences of Muslims residing in lands of disbelief.
The questioner : This is true. Yes, may Allah reward you with good. Okay, did anything change regarding this last addition to the answer?
The Shaykh : No, it did not change. The incident has occurred. Now this needs a court with authority to separate her from this husband who is encroaching on the first husband's rights.
The questioner : No, this man now, there is good in him. When he heard, he left, meaning he separated from her.
The Shaykh : Allahu Akbar, Allahu Akbar. The important thing is if he left her.
The questioner : Yes.
The Shaykh : Okay, she is committed and religious.
The questioner : I mean, to some extent.
The Shaykh : I mean, she is waiting for the ruling of the Shari'ah.
The questioner : Yes.
The Shaykh : So I return to tell you: do what I told you earlier.
The questioner : If Allah wills, if Allah wills.
The Shaykh : If Allah wills.
The questioner : If Allah wills.
The student : How are you, O Shaykh?
The Shaykh : May Allah keep you safe.
The Shaykh : You mean he separated from her but did not divorce her.
The questioner : Divorce only for money.
The Shaykh : You mean he separated from her but did not divorce her.
The questioner : And he did not divorce her, yes.
The Shaykh : Okay, then.
The questioner : And then he does not want to marry her, nor does he want to divorce her.
The Shaykh : You mean he wants to
The questioner : He wants the divorce.
The Shaykh : You mean he wants to leave her in a state of suspension.
The questioner : Yes.
The Shaykh: Okay
The questioner : He is in Somalia and she is in the Netherlands.
The Shaykh : Allahu Akbar.
The questioner : Yes, so what is the ruling on this matter?
The Shaykh : First, why does he not want to divorce her or take her back into his protection and fulfill the obligatory rights he owes her? Why?
The questioner : Her mother told him to marry someone else, so he left her. After that, he sent more than one message saying, you know, she is... but he refuses to give her the divorce papers except for money.
The Shaykh : Ah, okay. She should take her case to the Shari'ah court and tell this story that you are conveying on her behalf. Then the Shari'ah court will separate her from him, despite his objection.
The questioner : Yes, this is correct, provided she is in a place where there is a Shari'ah court. She is in the Netherlands.
The Shaykh : Yes.
The questioner : Yes, and he is in Somalia. The problem with Somalia is known to you now; communications are almost cut off.
The Shaykh : True, but when she says this, how do we know that the matter is as she says?
The questioner : So if the matter is established as she says, through questioning and witnesses, meaning if there is someone who conveyed this news other than her.
The Shaykh : What is it?
The questioner : I mean, if someone other than her conveyed the news.
The Shaykh : Ah
The questioner : Another person.
The Shaykh : Ah
The questioner : Yes.
The Shaykh : My brother, this has become a court case, not a fatwa case.
The questioner : Yes.
The Shaykh : Okay, in that case, she must take the path of the court, its way and its procedure.
The questioner : Yes, but now there is no court in Somalia, meaning there is war now, no security, and ongoing fitnah (trial/discord). So does she have to wait, or does this constitute a separation between them?
The Shaykh : How old is she?
The questioner : Her age is
The Shaykh : Approximately
The questioner : From thirty
The Shaykh : Approximately, meaning she has children from him.
The questioner : I do not know.
The Shaykh : Yes, you must complete the information.
The questioner : Okay, if she has children, what happens?
The Shaykh : The problem becomes more complex.
The questioner : Yes.
The Shaykh : If they were
The questioner : And if they were not
The Shaykh : It would be closer to a solution. I see that she should write the case to the Ifta (scholarly research and ijtihad) in Saudi Arabia.
The questioner : Yes, may Allah reward you with good.
The Shaykh : This is from one aspect. First, and second, this suspended wife should put her signature. She should write the inquiry in her own language, in her own tongue.
The questioner : Yes.
The Shaykh : And she should put her signature and the signatures of the witnesses with her.
The questioner : Yes.
The Shaykh : And it should be mentioned as a footnote what I told you earlier about the impossibility of communicating with the husband, because I see that the judge who should rule according to the Shari'ah should warn this husband and say to him: We will divorce your wife despite your objection, unless you present your proof. If he answers and has a proof, then they order the wife to be patient. And if he has no proof, they separate him from her. And if he does not answer either, they have given him or imposed on him a period, saying: We did not receive your answer, so we are separating you from your wife and we permit her to marry someone else before she is exposed to fitnah (trial/discord).
The questioner : Yes, that is the problem.
The Shaykh: Yes
The questioner : Unfortunately, there are many people here who do not give any weight to a fatwa. So I asked people, and they married her.
The Shaykh : Yes, may Allah guide you. So what is the benefit of all this questioning? Do not blame me, Abu Suhayb. I will tell you: you wasted my time.
The questioner : Yes, good, if Allah wills.
The Shaykh : What is the benefit of the questions, since the one who said, "It has happened what I feared would happen. Indeed, to Allah we return," was truthful? Was this not before this?
The questioner : Yes, I did not know about this until after the marriage.
The Shaykh : Yes, but I did not know about this until after your inquiry. So this inquiry was not supposed to happen. You occupied us with something practical. So let us look at something else. What do you have?
The questioner : But this is the situation now. She got married, so I asked people, and they married her. And then they asked me, and I told them that this marriage is, of course, not valid, because she is still not divorced from the first one.
The Shaykh : Yes, that is so, Abu Suhayb. Take this as a lesson. This is one of the tragedies and evils and bad consequences of Muslims residing in lands of disbelief.
The questioner : This is true. Yes, may Allah reward you with good. Okay, did anything change regarding this last addition to the answer?
The Shaykh : No, it did not change. The incident has occurred. Now this needs a court with authority to separate her from this husband who is encroaching on the first husband's rights.
The questioner : No, this man now, there is good in him. When he heard, he left, meaning he separated from her.
The Shaykh : Allahu Akbar, Allahu Akbar. The important thing is if he left her.
The questioner : Yes.
The Shaykh : Okay, she is committed and religious.
The questioner : I mean, to some extent.
The Shaykh : I mean, she is waiting for the ruling of the Shari'ah.
The questioner : Yes.
The Shaykh : So I return to tell you: do what I told you earlier.
The questioner : If Allah wills, if Allah wills.
The Shaykh : If Allah wills.
The questioner : If Allah wills.
The student : How are you, O Shaykh?
The Shaykh : May Allah keep you safe.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.