Khul/Talak

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Islamic Paths > Women in Islam > Khul/Talak
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alizaf Unregistered User (8/20/01 10:30 am) Reply	Khul/Talak Salaams: My sister is seeking a divorce. She married an individual at my parents insistence even though she never liked him and felt they were totally incompatible. The Nikah was performed last year. The marriage was never consummated. She does not want to live with him. He has told her he does not want to live with her. Nevertheless, he will not grant Talak to her because he wants a "green card." She has already filed for civil divorce and that will be finalized in a few weeks. Her husband will not obain lawful permanent status (greencard) in the U.S. because they do not reside in marital union and do not have any documentation of the bona fide nature of the marriage (I would know, I'm an immigration attorney). My sister will willing to forfeit her right to the Mehr when the Khul is granted (she can't return mehr amount b/c she never received it in the first place). He will only grant her Talak if he gets a green card. The green card is a legal matter which is out of her hands. Our local mosque says to get him the green card in exchange for the divorce. We have explained to them that the immigration process takes forever in the U.S. and regardless, my sister and her husband do not have sufficient documents to prove INS that they are living in marital union. What can my sister do to resolve this situation? We are getting mixed information from people. Some say that a Nikah is invalidated if the marriage is not consummated for an extended period of time. Others say that we can just take the civil divorce decree to our mosque and obtain Khul. Please assist with any information you have. Obviously, we want to follow the Shar'iah. Wassalaam, Concerned Sister of the wife, Fazila Vaid
shabnum Registered User Posts: 4 (2/14/04 9:53 pm) Reply	Talak salaam I sorry to hear about your sister. I have read somewhere (im sure that its a verse from the Koran) that if the husband and wife do not sleep with each other for at least three months. The wife then has automatic grounds for divorce. My advice would be to perhaps seek the advice of an imam in Pakistan or Saudi Arabia (where ever is the easiest and most convenient for you) as they will have a better understanding of this subject. all the best

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