Fatwa #2746119 November 2013India
Can I give khul’ah to my husband since he cannot get a visa to come?
Question
My husband is in another country from past years... He is out of status thier so iam also not getting visa ... He don't want to come here and I can't go thier So I want to give khulla to him and want to marry again Is it possible If yes,I want to clear that my parents will not allow me but same. Time I don't want to leave alone So I want to marry without parents consent... I don't want to do any haraam so I want to marry..... I will be grateful to you if u solve my problem according to Islam.
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
Sister in Islam,
If your husband does not want to physically live with you where you are living and he cannot bring you over to New Zealand, then there will be violations of some fundamental aspects of Nikāh. If you cannot make Sabr and wish to remarry, you may request your local ‘Ulamā body to annul your marriage. The ‘Ulamā will follow the Shari’ah laws of Faskh an-Nikāh (Annulment of marriage) in considering your application. You may forward this fatwa to the local ‘Ulamā body and if need be, they may contact us for further counsel.
And Allah Ta’āla Knows Best
Muntasir Zaman
Student Darul Iftaa
USA
Checked and Approved by,
Mufti Ebrahim Desai.