How to divorce eloped wife.

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

Bismillah Ir Rahman Nir Rahim

As Salaam Aliekum,


Due to my financial problems I went to Dubai for a job. Days were going on fine, when one fine day I came to know that my wife is having affair and adulterous relationship with a Non-Muslim person. She lived in adultery with this person in my own house, all this was going on in front of my children shamelessly. As I heard about this affair, I resigned from my and immediately came back home to find out her relationship to be true. I tried to persuade her to leave this illicit relationship and continue with our marriage life but she denied and she eloped with that person leaving my children alone with me in the house.. I tried to contact her through sms and phone to come back but she shamelessly denied coming back and to continue with our marriage. Since then, I have no idea of her whereabouts. She does not contact me nor, I can contact her. She does not reply to my sms or receives my phone calls too.


In this above situation, my children suffer with all regular homely affairs, education, food and many more things and as I am a job oriented person I can`t handle my household choirs properly and regularly. My children are on the stage of maturity and need a motherly and a womanly care, love and support, plus I too need a female partner to go on with my life. All this is worrying me day and night plus I am sure that my wife is never to come back or even if she comes back I would never take her back as my wife. I know I can marry again, Islam permits me to marry again, but here the situation is how can I divorce my wife? There is no whereabouts of her, she is not to be found, how can I pronounce Divorce to her, in this case? Plus How can I pursue another woman to marry me because they are afraid that still I have not given divorce to my first wife how can I marry another Woman.


Kindly, understand my situation and answer so that I can come out of this situation as soon as possible. Kindly Answer this query as soon as possible too. Thanking you.


If you can possible reply on my email ID I shall be grateful?


Was Salaam

 

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Answer:

 

How to divorce eloped wife

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Your Question: ……All this is worrying me day and night plus I am sure that my wife is never to come back or even if she comes back I would never take her back as my wife. I know I can marry again, Islam permits me to marry again, but here the situation is how can I divorce my wife? There is no whereabouts of her, she is not to be found, how can I pronounce Divorce to her, in this case?

Respected brother in Islam, Shariah Law does not require that one locate one’s wife and declare the pronouncement of divorce on her face or in her presence.  If for any reason you have decided to divorce your wife, all you need to do is verbally declare ‘I divorce ‘so and so’ (her name)’ and a legal divorce will be established between you and your wife in the Sight of Shariah Law and in the Sight of Allah Subhanah.

 

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 4:

3        If ye fear that ye shall not be able to deal justly with the orphans marry women of your choice two, or three, or four; but if ye fear that ye shall not be able to deal justly (with them) then only one or (a captive) that your right hands possess.  That will be more suitable to prevent you from doing injustice.

 

Respected brother, Islam has permitted and given the option to the believers to marry and keep upto a maximum of four wives at any one time.  Thus regardless of whether you choose to divorce your first wife or not, you are well within your rights and boundaries to seek to marry again, if you indeed wish to do so.

 

Under the given circumstances and series of events which you have described, where your wife is involved in an illicit relationship and eloped with another man, it would only be prudent for you to divorce such an impious woman immediately.

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan

 

 

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