Can a Long-Distance Marriage Be Annulled Under Sacred Law?

Answered by Mawlana Ilyas Patel

Question

I had a religious marriage over Skype with four witnesses, but my husband and I live in different countries. We agreed he would join me after two years, but I have not seen him for seven months, and he now says we will not speak for another six.

He paid 1/5 of my dowry, but he doesn’t give me any money. I don’t want to divorce him as this is heavy and stressful. He doesn’t care, as this is only an informal marriage to him. I am nearly 40 years old. Does it qualify for a marital nullification?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

I pray you are in good faith and health. Thank you for your question.

I’m sorry you’re going through this—it sounds like a painful and challenging situation.

It seems that your husband has entered into an informal marriage for convenience. As you mentioned, it was an informal type of marriage. Saying he will join you after two years is a long time, and as you have noted, he has not been in contact for seven months. He is not fulfilling your financial obligations, nor has he spoken to you.

You have grounds in Islamic law for requesting annulment (faskh) or divorce initiated by the wife (khula) due to the following reasons:

• The husband is not fulfilling his obligations (financial support, communication, companionship).
• There is harm (emotional, psychological, abandonment).
• There was deception or a lack of real intent to fulfill the marriage duties.

Last Resort

Jurists say if a husband and wife cannot fulfill their rights, they should consider separation rather than sinning by violating each other’s rights. The husband should grant his wife a divorce in a principled manner. If the husband refuses to grant the divorce, the wife may pursue khula‘, which involves offering to repay her dowry in exchange for her release from the marriage. [Ibn ‘Abidin, Radd al-Muhtar]

If the husband remains unwilling to grant the divorce, the woman may approach the local scholars who know Islamic judicial principles and request their assistance in annulling the marriage.

Trust that Allah (Most High) knows what is best for you. Pray istikhara for guidance and ask Allah (Most High) to decree what is best (khayr) for you.

Given the considerations in such cases, we urge you to please consult reliable local scholars about the specifics of the situation. May Allah facilitate all ease and good for you.

I would like you to go through the valuable answers and links below. Insha’Allah, you will receive guidance and direction.

Related

• What Is the Process of Asking Khul‘ from a Husband?
• Is ‘Idda Necessary If Someone Had No Physical Contact with Her Husband and Currently Going through Khul‘?
• How Does One Perform the Prayer of Need (Salat al-Haja)?
• Khul‘ Archives – SeekersGuidance
• Marriage and Divorce Archives – SeekersGuidance

Why not begin your search for knowledge by signing up for a course on SeekersGuidance? You can choose from the Islamic Studies Curriculum or the Youth Islamic Studies Curriculum and progress through each course step by step.

I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel has received a traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.