Okay so we have had our appointment with the second lawyer and he told us we can’t annul the wedding cuz of the fact that we didn’t had any rukhsati done.
The only 2 methods applicable are: divorce with agreement of the boy (agreement can be a affidavit with his signatures) thia method will take 3 months n from then my sis will be a free person in shaa Allah. The second method is one sided dovorce… That will take a period of 1 year minimum…
Another thing this lawyer convirmed is the fact that these methods aint enough for the islamic divorce. That has to be convirmed by the sheikhs/muftiis or the judge in pk.. Not sure if this is alwaysbthe case
The idea behind the annulment of the marriage is basically saying the marriage is null and void. Marriage was not consummated. That the guy’s side of the family lied, misrepresented themselves or something else along those lines. Which they did…they made themselves out to be financially stable when in fact they’re not if they need to beg and demand money for the guy’s visa and funiture for his parents’ home. How would that even apply if the rukhsati had happened? If the rukhsati happened, it would make the marriage look more solid which would mean an annulment cannot apply.
As far as the methods of divorce…well…if you cannot get him to comply then go for the 1 year route. Your sister will not be getting married within three months of divorce.
The last part…I don’t think that’s true. Verbal talaaq is valid and so is written. A written talaaq has been considered sufficient for divorce. Her divorce decree would be her written talaaq so why isn’t it valid? What Mufti/Sheikh needs to confirm that?
Have one last appointment with a desi lawyer tomorrow… lets see what she advices
@Reha: there r some different views on that aspect but we gonn probably have a fatwa done after the divorce from uk (the written part from the judge) just to be sure (mum wants to be sure that things are closed n done correctly)
SL, absolutely agree with your mom. Just make sure she doesn’t fall prey to the BS some people feed families who are so concerned about doing things the right way.
according to this lawyer we can go fo annulment, but cuz of the fact that in Islam there is nothin like annulling the wedding, we need a fatwa or an islamic divorce (that's somethin what mum deffinatly wants)
in shaa allah my sis will be a free person within 6/8 weeks (In shaa Allah!)
I don't have advice to offer, but I do wish you and your family all the best in this and hope this gets resolved as quickly and painlessly as possible. May Allah make it easy for you all and grant your sister something better and give sense to the guy and his family as well. Ameen.
