Muslim sister wants divorce from hindu husband
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa
Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked
this question:
Salaamalailkum
brother Burhan, i want to ask you something important but reply it to my email
address only and also try to keep my identity confidential.
one of our American sister has recently accepted Islam and she is in need of
help. in her past she was married to a Hindu person from
1. he
married her for the sake of greencard.
2. he
hid his first marriage from her and lied about his satus in
3. he
has been in
4. he
has a six year old kid in
so basically the whole marriage was based on lies and betrayals. now that she
is aware of all the facts she wants him to sign the divore papers but he
refuses to do so. he has thearetened her in clear words that he will make her
life a misery if she pulls out his green card papers. besides the fact that he
is already cursing her for accepting Isalm. now she has asked me for help
because i helped her to accept Islam. she is like my own sisters. because i
have no knowledge about such matters that is why i ask you to guide me in the
right direction. since he refuses to sign the papers can i sign the papers for
her. because all it needs is a signature to get her out of the marriage. each
and every word written above is true. so please reply as soon as possible.
waiting for your reply.
sabir
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errors in the above statement. The forum does not change anything from
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Answer:
Muslim sister wants divorce from hindu husband
In the name of Allah, We praise Him, seek His help and ask
for His forgiveness. Whoever Allah guides none can misguide, and whoever
He allows to fall astray, none can guide them aright. We bear witness that
there is no one (no idol, no person, no
grave, no prophet, no imam, no dai,
nobody!) worthy of worship but Allah Alone, and we bear witness that
Muhammad (saws) is His slave-servant and the seal of His Messengers.
Allah Says in the Holy Quran Chapter 2 Surah
Baqarah verse 221:
221 Do not marry unbelieving women (idolaters) until they believe; a
slave woman who believes is better than an unbelieving woman even though she
allure you. Nor marry (your girls)
to unbelievers until they believe: a man slave who believes is better
than un unbeliever even though he allure you.
Unbelievers do (but) beckon you to the fire. But Allah beckons by His grace to the Garden
(of Bliss) and forgiveness and makes His Signs clear to mankind: that they may
celebrate His praise.
If the sister has accepted Islam as her way of life and
her husband refuses to accept Islam, Shariah Law dictates that such a marriage
would be absolutely null and void in the Sight of Islamic Law and of Allah
Subhanah. Although the marriage between
a pagan man and a believing woman has absolutely no weight or validity in the
Sight of Allah Subhanah and Islamic Law, because the sister lives in a
disbelieving nation, her marriage with her will need to be terminated through
the law of the land for legal purposes.
Beloved brother, if the sister can prove in court that her
husband is already married, she should be able to get a divorce immediately
from any court of law in the USA as bigamy is a crime and punishable by US law.
It would be best to approach a divorce
lawyer and seek his advice on how best to terminate the marriage.
Your
Question: since he refuses to sign the papers can i sign the papers for her.
because all it needs is a signature to get her out of the marriage.
Dear and beloved brother, Islam guides towards absolute
truthfulness and honesty in all matters and it does not behove and befit the
character of a believer who sincerely believes in Allah and the Last Day to
practice deception, lies, and falsehoods.
Under no circumstances would it be advisable or permissible for one to
sign or witness something under a false name or pretext, for that would indeed
be dishonesty and deception!
Even if you were able to get away with signing the papers
in this world, we assure you brother that you will be held accountable for your
deception in the Just and Supreme Court of Allah Subhanah on an Inevitable
Day.
Thus as hard and unfair as the husband may wish to be in
not signing the divorce papers and releasing his wife who no longer wishes to
remain married to him; it would not be permissible in Islam for one to practice
falsehood and deception to attain the divorce.
Whatever written of Truth and benefit is only due to
Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only
Source of Strength.
Your brother and well wisher in
Islam,
Burhan