A SECOND AND THIRD MEDIATION?

Question

I have been separated from my husband for over a year now. During this year a very senior Aalim to whom both of us are connected, has listened personally to both our accounts, and there have been correspondences exchanged back and forth. All avenues of reconciliation were discussed; however, I was and still am totally averse to reconciliation for reasons which the Mediating Aalim also accepted.

The advice given to my husband, finally, was that he should terminate the nikaah. However, he refuses and wishes to pull me into another mediation with another Aalim who he has contacted.

Am I required in the Shariah to go over the whole process again for a second time, when everything has already been discussed and he was advised to leave me? Am I going against the Qur’aanic prescription of resolving the marital conflict through mediation?

Answer

Considering the Mediating Aalim’s seniority and that he surely has profound experience in these cases, his final decision that your husband should terminate the nikaah should be abided by and he should honourably issue Talaaq.

You have acquitted yourself of the Qur’aanic injunction of resorting to mediation in a marital conflict. There is no need to entangle yourself in a second and third mediation process.

It seems that the purpose of your estranged husband was not to gain guidance from the presiding Aalim, but to have it his way, hence he is not satisfied with the decision of the Hakam (Mediating Authority) and has now run to someone else.

In all probability, if the decision goes against him in a second and third hearing he will still refuse to budge from his position.

May Allah Ta’ala make it easy for you and make him realize that he is just flogging a dead horse.

And Allah Ta’ala knows best.