Islamic marriage advice and family advice

My husband wants divorce but won’t give me talak?

law fiqh marriage divorce

My husband wants a divorce, he has moved out now for 4 months. I don't have any contact with him and he refuses to meet with me to discuss this and find an amicable solution.

He refuses to give me the talak in front of two witnesses and says that without any contact with me for 3 months it will automatically be declared that we will be divorced.

I want to know if this is the case and what are my rights if the husband refuses to verbally give the talak. I am unable to contact him and he has now moved away.

What am I to do in this situation to finalise the divorce?

Advertisements

Tagged as: , , , , , , , , ,

4 Responses »

  1. I would consult an Imaam as this is a very specific question.

    But yes I would assume you are divorced if he just left with no word. Just make sure to follow up with gverment papers and make sure you are officially separated on record, so that if you want to get married in the future, this doesn't get in your way.

    • But yes I would assume you are divorced if he just left with no word.

      This is incorrect. Abandonment does not equate to an automatic divorce. Marriage is a formal contract and the Islamic legal process for divorce must still be followed.

      Wael
      IslamicAnswers.com Editor

  2. Your husband is mistaken. There is no automatic divorce if a husband moves out or if there is no contact, even after years. If you have some way of shaming or exposing him in front of his family and friends so that he gives you the talaq, you can try it.

    Otherwise, you must go to the family court or Qadi and get a khulah, which is a legal declaration of divorce initiated by you.

    Wael
    IslamicAnswers.com Editor

  3. Sa sister

    I am so glad you have asked this question. It's false information that if he moves out and you have no contact tthat it's automatic talak.

    My husband told me the his had my talak read without me being there and without consulting me,
    He has told me hundreds of times verbally "talak, talak, talak "

    His with other women. I was told I can't move on till he gives me talak? ?
    So he has, but no one believe s me. I have no documents, Allah is my witness.

    He doesn't want me to have a life, his a control freak.
    It's fine for him to carry on but the society we live in doesn't allow me to move on?

    I have lived like a widow for 17 yr! !!

    Please do not take one answer, find out from the right people who are not bias and not judgemental.

    May Allah be with you.

Leave a Response