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Fatwa CenterLong separation of spouses does not entail divorce
Question
i dont have any relation of my second wife which is forced marriage by my parents mu parents pay her monthly.but from 2 years i m abroad and no phone talk and no relation.my parents bound me with her heavy huq mehr just that is the cause that is why i cannot divorce she threat on that i m quiet.but i heve my first wife with two kids.so how long the divorce will done if i dont keep any relation with her.some says after 1 year divorce done.if in that condition divorce done theni need to pay haq mehr which was my father written on our nikkha nama.she threat me for legally claim
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, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
Separation, no matter how long it is, does not result in the wife being divorced until the husband actually divorces her. This was previously clarified in Fataawa 82732 and 89825. What was mentioned that a divorce occurs after the passage of one year is not Islamically correct.
As soon as this woman became your wife, you became obliged to fulfill her rights and to be fair between her and your first wife, regarding staying with them for equal periods of time and spending on them. It is not permissible for you to remain in this current state of affairs. Either retain her on good terms or part with her in kindness. Allaah The Exalted Says (what means): {Either retain them according to acceptable terms or part with them according to acceptable terms.}[Quran 65:2]
As for keeping her hanging, Islamic law prohibits that and assigns a severe threat against it, as Allaah The Glorified Says (what means): {So do not incline completely [toward one] and leave another hanging. And if you amend [your affairs] and fear Allaah – then indeed, Allaah is ever Forgiving and Merciful.}[Quran 4:129]
If it is at all possible for you to retain her and have good relations with her, then that is best since it constitutes obedience to your parents. Allaah could make much goodness come from that and He could provide you with righteous offspring that will be the comfort for your eyes in this world and the next.
However, if you divorce her, and that is after having consummated marriage with her, then your wife is entitled to the entire dowry. If the divorce is before consummating marriage with her, then she is entitled to half of the dowry.
Finally, it is not the right of the parents to force the son to marry someone whom he does not want to marry. But if the son complied out of his moral obligation (toward his parents) and the conditions of the validity of marriage were fulfilled, then that marriage is valid along with all the consequences that it entails.
Allaah Knows best.
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