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Fatwa CenterHe has not contacted his wife for six months
Question
My young sister was given a Nikaah to gentle man who divorced three other women and each of them has a minimum of two children but recently returned to one of the women. He has not contacted her for about six months and not sent anything to her though she lives with her sister. I have recently contacted her she told to get the divorce letter from him because he is caring person.
My mum passed away and it is after that time the Nikaah was made. She is young girl of 18 and I would like to take care about her and she is currently studying. Many young men have to ask me about her for marriage but I could not do anything because of the Nikaah which was made.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
It is incumbent upon the husband to live and treat his wife honorably as Allaah says (Interpretation of the meaning): {And live with them honorably}[4:19]. Allaah further says (Interpretation of the meaning): {And divorced women have rights (over their husbands as regards living expenses, etc.) similar (to those of their husbands) over them (as regards obedience and respect, etc.) to what is reasonable}[ 2:228].
So he has to sustain her and provide her with housing as well as satisfying her sexual needs. So we advise you, first of all, to take the initiative to reconcile between them, as it is good to reconcile, may Allaah bring him back to righteousness. If this is achieved, praise be to Allaah, but if he persists on staying on his position, then she can take the matter to an Islaamic court of justice, if any, otherwise to the Muslim community, i.e. she takes her case to an Islaamic Center or an Islaamic Foundation so that they would look into her matter.
It is also permissible for her to appoint you to act on her behalf in this matter.
Allaah knows best.
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