Question:
Asalaam alaikum Syedi,
A woman had nikah but no ruksati for 2 yrs. Her husband never provides for her expenses nor does he keep in contact with her or her family(communication is via third person). His family want the wife to buy a house, sponsor his visa and find a job for him-settle him.It is impossible for the wife and divorce is the best option.The question is, is this nikah valid? does one require official paperwork for divorce? Her husband is being stubborn in letting her go but does nothing to keep her. Is this a case for faskh?
Thank you so much for your kind advice.
Answer:
Alaykum Salam,
No cohabitation for four months or more, and no providing living expenses for the wife, are two reasons for cancellation of marriage contract and even only one of those reasons would be enough for faskh. In addition, even if the wife is a millionaire she is not obligated in Islam to spend one cent on her husband. On the contrary it is he who is obligated to provide her with a roof over her head, clothing on her body and food on her plate.
Hajj Gibril Haddad
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