if a person that lived out side country and he become in trouble and not live with her wife and when it come to her so, is it religiously necessary for him who stay away from each other for a long time to renew their marriage (nikah)?
Add a comment
|
1 Answer
No it isn't. A marriage only becomes invalid if the conditions of marriage are not met and it was not consummated (else scholars may hold different opinions, but there's a certain tendency to consider it valid).
If husband and wife stay in contact by any means they are still married unless the husband utters talaq or the wife asks for khul'a or faskh and the court gives a juridical verdict in presence of the husband.
In case of a long absence of the husband without any contact or information of where he is both wife (first) and the court (afterwards) must still make research efforts to find him before any other procedure takes place. If by some means the husband came back before a verdict was uttered the whole procedure is void, else there might be scholarly disputes on the matter of what to do, how long the absence must be etc..
If a wife suffers from the absence -with contact- of her husband she should tell him and they should consider either to live together (abroad) or a legal separation (talaq or khul'a) once he is back. As a husband who is not present can hardly play part in the education of his children nor fully satisfies the needs of his wife even if he would be able to stay in charge of her.
answered Nov 28, 2018 at 10:07
