6 years of no contact and no support for husband, can you marry again?
Assalamualaikum. Chaplain, I want to ask. Please help to answer.
I've been separated from my husband for 6 years (no physical and spiritual support, no contact) but I'm not legally divorced yet Indonesia.
The question is, can I get married in an unregistered way in Hong Kong? If so, what are the terms and conditions?
Thank you, Ustadz.
Greetings, Fulanah
ANSWER:
Wassalamu'alaikum warahmatullahi wabarokaatuh.
Thanks for the question. One of the obligations of a husband to his wife is to provide a living. Livelihood here is not only a living outwardly, but also an inner livelihood. This obligation causes a man to have advantages over women.
Allah's commandment for husbands to provide for their wives is clearly stated in the Qur'an. But what if a husband experiences financial difficulties or health problems so that he is unable to provide a living? Is there a specific time limit regarding providing for the wife?
According to Ibn Hazm, the husband is obliged to provide for his wife at least once a month, while according to Imam Ahmad it is four months.
A husband should not leave his wife for a long time without a reason justified by the Shari'a, because that is part of wasting the wife's rights, so that in the case of a husband who leaves for a long time without a syar'i reason, a wife also has the right. to file for divorce in court.
How long can a husband leave his wife? He replied: Six months, then a letter was sent to him asking him to go home. If he refuses to go home, the judge has the right to divorce them." (al-Mughni: 6/745).
This 6-month time stipulation is basically the ijtihad of Caliph Umar bin al-Khattab in determining the maximum time for the Muslim war.
In our country (Indonesian law), various efforts are made by the state to protect the integrity of marriage through the Ministry of Religion. One of them is to read sighat ta'lik for the husband if requested by the wife.
The 4 promises read by husbands on sighat ta'lik are:
- Not leaving his wife for more than 2 years in a row.
- Always provide obligatory support for the wife.
- Do not let or care for wife more than 6 months.
- Do not hurt the wife physically / physically.
If one of the four is violated by the husband, the wife objected and filed a complaint with the Religious Court, then one divorce would fall.
Therefore, so that there are no problems in the future, both related to law and administration, it is best to settle them first in the Religious Courts in Indonesia. Moreover, marriage is a worship whose purpose is not only to maintain lust but also hifzun nasl (maintaining offspring), and is oriented not only in this world but also in the hereafter.
Wallâhu a'lam bish-showâb.
Regards!
[Answered by: Ustadz H. Ahmad Fauzi Qosim]
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