Marriage not consummated after nine years

16-5-2006 | IslamWeb

Question:

As-salaamu Alaikum,My sister got married to a man from my country who lives in America. It is nearly nine years now and the marriage has never been consumated. He has tried to get her a visa several times with no success. I am very worried for my sister and want the marriage to be disolved. Is this marriage still valid? if so can my sister terminate it? He makes promises to her all the time and I'm afraid my sister cannot get herself out of the marriage. As a brother can I terminate the marrige because my father is not alive?

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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.

 

If this man married your sister via a valid marriage contract fulfilling all the conditions of a valid marriage, most important of which is the consent of the guardian of the woman, then she becomes his wife and remains as his wife if he has not divorced her. Not consummating the marriage throughout this period does not affect the marriage contract.

Instead of thinking of divorce, it is better to discuss the matter with the husband and think about the possible ways to join them. However, if it is not possible and there is no way but to divorce, then your sister has the right to ask an Islamic judge to cancel her marriage which is Islamically known as Khul’.

Allaah Knows best.