Im Nushreen and would like to inquire about the khula / Faskh process and would really appreciate if you could help me.

Question ID: 
1401
nus***@yahoo.co.uk asks:

Question

Assalmualaikum,

Im Nushreen and would like to inquire about the khula / Faskh process and would really appreciate if you could help me. Actually, me and my husband had nikah in Ireland in year 2010. My husband is Pakistani and Me Mauritian, we were together only for about 10 months and due to some problems among us, I left him and came back to Mauritius.

From here, I was informed that if for 6 months we are not together, the nikah is not valid and me being in ignorance i did a second nikah after 2 years to another man and ask Allah forgiveness for same as I was unaware. Recently a mufti from here told me that my 2nd Nikah is not valid as my husband did not divorce me and asked to check with the Nikah office in Ireland where we did Nikah to apply for a Faskh..

I do not have the nikah certificate with me and have no details about the exact date the nikah was held. All I have is same was done in year 2010. I did contacted the office in Ireland and the mosque there, they informed would be easy if my husband would give me a talaaq, but he is not willing to do so, Im left with no option for a Faskh and they also informed me to check here in Mauritius for the process of Faskh but here having checked with the Mufti, he informed that same must be done from ireland as my husband is in Ireland.

I find myself in a very difficult situation and would humbly request you if you can please help me out on same.

Regards

Nushreen

Answer

Wa alaikumus salaam

According to Shariah you are still in the nikaah of the person to whom you did nikaah in Ireland. The second nikaah was null and void. As for the faskh you may contact MFC, Blendax House, Dumas st, Port Louis, Tel 2128667 / 2128616.