The right to a second nikah due to non-payment of maintenance, and separation (tafriq) through a community council

Question

Question: Maryam’s nikah with Muhammad Ishaq took place about twenty years ago, when Maryam was seven years old — she was a minor. Since the wedding up to this day Muhammad Ishaq has never taken Maryam to his home, has given her no food or clothing and has not fulfilled the conjugal right. Now Maryam has reached maturity and wants to contract a second nikah with another person; Maryam has also been freed by the court. In such a case, has talaq taken effect for the said Maryam according to the Shari‘a? (2)

Answer

(1) Talaq has not taken effect according to the Shari‘a by his not giving her food and clothing for such a long time, not enquiring after her and not fulfilling the conjugal right. (2) She cannot do so yet. (3) If a valid seclusion (khalwa sahiha) has already taken place, she is entitled to the full mahr; otherwise she is entitled to half the mahr.

Source: Fatawa Mahmudiyya

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