The World Federation One Stop Fiqh

Ask an Alim

How do I claim divorce, as I dont lnow where my husband is….


My husband and I have been married for 10 months. Unfortunately, those 10 months we did get on and I faced many issues. After 10 months, he left me. I went to a Maulana for divorce. I gave Maulana his contact details. He told the Maulana he is going back to Pakistan and had put his brother in law from England as his representative. I did not know he was going back to Pakistan as he was not staying with me but stayed at his sisters house. He had quit his job and emptied both our joint bank account and his personal bank account. I am trying to get divorce but his family are prolonging it. I am not sure as to where my husband is – it has been 5 months and I am not sure if he is in Pakistan or UK. He came here through spousal visa. The Maulana has tried contacting him but he has not picked up his phone and his brother in law is the one who is dealing with the whole thing. His family do not tell the Maulana where he is neither do they cooperate.I feel like the divorce is going nowhere. What would be the next step to this issue as the Maulana is not sending notices?


Wa Alaykumussalam

Thank you for your query.

You can still try to get your husband’s contact from his brother in law and if you still fail to get his contact then ask his brother in law to tell your husband to speak and divorce or at least give wakalat to you or some Alim so the divorce Sigha(formula) can be recited infront of two witnesses.

If nothing works out then you have to speak to wakeel of your Mujtahid in U.K and hence after looking at the situation the Hakime Shar’ gives the authority for the divorce to be recited after the certain period of time. Sometimes it is to wait up to few years. May be you can give it a try to get your husband as if he divorces you then the matter is straight forward and you just have to perform Iddah after the Talaq formula has been recited otherwise the other way I have mentioned may take a long time.

In Sunnis, it is mandatory to have two adult male witnesses at the time of Nikah whereas there is no need of witnesses at the time of divorce(Talaq) but we Shias do not have such condition to have two witnesses present at the time of Nikah ceremony but we need to have the witnesses at the time of divorce(Talaq).

According to Ayatullah al-Udhma Sayyid Ali Sistany:

Ruling 2558. If a wife’s husband has disappeared and she wishes to marry another man, she must refer to a just jurist (mujtahid).(1) And in certain circumstances that are mentioned Minhāj al-Sālihīn(2), the jurist can divorce her.

(1) A mujtahid is a person who has attained the level of ijtihād, qualifying him to be an authority in Islamic law. Ijtihād is the process of deriving Islamic laws from authentic sources.

(2) This is al-Sayyid al-Sistani’s more detailed work on Islamic law.

Recite Ziarate Ashura and Hadithe Kisa and send the reward to Ahlul Bayt(as) and ask them to help you out get out of this situation soon.

Who are Ahlul Bayt(as):

May Allah(swt) grant you success


Syed Haider