One of my cousins married to an Italian woman six years ago in UK. Then he got Italian citizenship through this marriage. In 2005 he came back to Pakistan and married to another girl of his choice.

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:

AsSalaamo Alaykum,

 
One of my cousins married to an Italian woman six years ago in UK. Then he got Italian citizenship through this marriage. In 2005 he came back to Pakistan and married to another girl of his choice. The Italian girl when knew went to Pakistan in revenge. To protect his Italian citizenship it was necessary for him to show that his present marriage in Pakistan has been terminated. He went to a local Imam and asked his opinion. The Imam gave him a fatwa that he can have a written consent in the witness of two people that he would give a fake divorce to his wife. He and his wife then went to the court and signed the divorce certificate. At that time his wife was pregnant. She is still pregnant and the due date is early next month. Now they are worried that probably something has not been done right and properly as per Islamic rules. The signed divorce papers are still in the designated government department. What should they do now? Can they stay together as a husband and wife. Is their any penalty that they should offer before they reunite. Was Fatwa correct and if yes then how could you explain in the lights of Quran and/or Hadith?

God bless you.

 

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Answer:

 

Given fake divorce

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 none 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 4 Surah Nisaa verse 135:

135    O ye who believe! Stand out firmly for justice as witnesses to Allah even as against yourselves or your parents or your kin and whether it be (against) rich or poor: for Allah can best protect both.  Follow not the lusts (of your hearts) lest ye swerve and if ye distort (justice) or decline to do justice verily Allah is well-acquainted with all that ye do.

 

Al-Muwatta Hadith 56.19

Malik related that Safwan ibn Sulaym said, "The Messenger of Allah (saws) was asked: ‘Is it possible for a believer to be a coward?'  He (saws) replied 'Yes.'  He (saws) was asked, '‘Is it possible for a believer to be a miser?'  The Prophet (saws) said, 'Yes.'  He (saws) was asked, 'Is it possible for a believer to be a liar?' The Prophet (saws) replied: 'No.' "

 

Sahih Al-Bukhari Hadith 8.116         Narrated by Abdullah

The Prophet (saws) said, "Truthfulness leads to righteousness, and righteousness leads to Paradise. And a man keeps on telling the truth until he becomes a truthful person.  Falsehood leads to ‘Al-Fajur’ (i.e. wickedness, evil-doing), and ‘Al-Fajur’ (wickedness) leads to the (Hell) Fire, and a man may keep on telling lies till he is written before Allah, a liar."

 

 

Al-Muwatta Hadith 56.16

Malik related he heard that Abdullah ibn Masud (r.a.) used to say, "You must tell the truth. Truthfulness leads to right action. Right action leads to the Garden. Beware of lying. Lying leads to corruption, and corruption leads to the Fire.”

 

Dear and beloved brother in Islam, it is just not consonant with the character, nature, and disposition of one who claims to be a believer in Allah and the Last Day to lie, or be dishonest, or use deceit, or practice fraud, or be corrupt, or cheat, or forge….or do or say anything except what is truthful and in accordance with justice!

 

If one marries a woman only to fulfill the particular legal requirements of the law of the land and thus obtain the required nationality, and the person had absolutely no intention to fulfill the vows or his duties and responsibilities in the marriage…..because the person fulfilled all the legal requirements of an Islamic ‘nikaah’, the ‘nikaah’ itself will be considered valid in the sight of the believers and of Shariah Law….but such a person will be brought forth as a criminal in the Court of Allah Subhanah on that inevitable and tumultuous Day of Judgment for making a mockery of the sacred institution of ‘nikaah’!

 

Instead of fearing Allah and doing what is right and just, the person still not satisfied with his practice of deceit and wickedness finds a like-minded ‘mufti’ and cohorts with him to issue a ‘fake’ divorce certificate to further fulfill his evil shams, charades, and facades!

 

Allah is our witness brother, the one who practices such deceit and such evil, and all those who facilitate with the person to practice such wickedness ….unless and until they seek sincere repentance from their Lord for all their evil and subsequently strive their utmost to amend their conduct….all of them will be held severely accountable in the Majestic Court of the All-Knowing All-Just Lord of the Worlds for making a mockery of His Prescribed Laws and His Prescribed Boundaries!

 

Your Statement: Now they are worried that probably something has not been done right and properly as per Islamic rules.

Now!!!!  Now they are worried that they might have broken ‘some’ of the Laws of Allah Subhanah!!!!  The whole episode, one act after another, one deed after another, one intention after another is based on absolute lies and deceit and fraud!!! 

 

Your Question: The signed divorce papers are still in the designated government department. What should they do now? Can they stay together as a husband and wife. Is their any penalty that they should offer before they reunite.

Sunan of Abu-Dawood Hadith 2189  Narrated by Abu Hurayrah

The Prophet (saws) said: ‘There are three things which, whether undertaken seriously or in jest, are treated as serious: Marriage, divorce and taking back a wife (after a divorce which is not final).’

 

Absolutely regardless of their intentions and their reasons behind the issuance of divorce, if the husband has declared a divorce upon his wife, either verbally or in written text….a divorce will indeed be established between the couple in the Sight of Shariah Law and of Allah Subhanah.

 

Allah says in the Holy Quran Chapter 2 Surah Baqarah verse 229:

Divorce may be pronounced twice ;  then either keep the wife with honor,  or let her leave gracefully.   And it is not lawful for you to take back anything out of what you have given them.   There is however, an exception to this;  if you fear that they might not be able to keep within the limits imposed by Allah,  there is no harm if both agree mutually that the wife should obtain divorce by giving something as compensation to the husband.   These are the bounds set by Allah;  therefore do not violate them!   For those who violate the bounds of Allah are the transgressors.

 

Allah says in the Holy Quran Chapter 2 Surah Baqarah verse 231:

And when you have divorced your wives and they are about to complete their prescribed terms,  then either retain them gracefully or release them generously.   It is transgression to retain them merely for harassment.  And whoever does that indeed wrongs his own self!   Do not play with Allah’s Commandments,  and remember that Allah has blessed you with a great favor.   He admonishes you to show due respect to the Book and the Wisdom He has sent to you.   Fear Allah and know that He is fully aware of everything.

 

Because the first two divorce pronouncements in any one marriage are revocable in Shariah, the husband is within his rights to revoke the divorce before the end of the wife’s period of ‘iddah’ (which in this particular case is before the wife delivers the baby) and live together as a husband and wife again.

 

Your Question: What should they do now?

If indeed the person who initiated this whole ‘sham’ fears Allah and His Day of Accounting; and if indeed all the people who facilitated and cooperated with the person to make an absolute mockery of the Laws and Boundaries of Allah fear Allah and the Last Day….they should all immediately turn back to their Lord and seek sincere forgiveness for their deceits and their forgeries…..if they are indeed sincere in their repentance, and subsequently strive their utmost to amend their conduct thereafter and right all the wrongs they have done, they will find their Lord Forgiving and Merciful.

 

Allah says in the Holy Quran Chapter 39 Surah Zumur verses 53-54:

(O Prophet) say: “O My servants who have wronged their own souls….Do not despair of Allah’s Mercy!  Surely,  Allah forgives all sins.   He indeed is the All Forgiving,  All Merciful.   Return to your Lord and submit to Him before the scourge overtakes you;  for then you may get no help from anywhere.”

 

But if they continue to further practice deceit and fraud to cover their wicked tracks of the past and continue to make a mockery of the Prescribed Laws and Boundaries of the Lord Most Majestic….they should indeed prepare for an extremely severe chastisement from their Lord in this world and the Hereafter!

 

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 17-18:

17      Allah accepts the repentance of those who do evil in ignorance and repent soon afterwards; to them will Allah turn in mercy; for Allah is full of knowledge and wisdom.

18      Of no effect is the repentance of those who continue to do evil until death faces one of them and he says "Now have I repented indeed"; nor of those who die rejecting faith: for them have We prepared a punishment most grievous.

 

May Allah Subhanah have Mercy upon your cousin, and bestow upon him good sense, and the wisdom, and the courage to admit his several and his severe errors; and May the Lord Most Merciful guide him to fear Allah Subhanah and turn towards Him in sincere repentance….perchance the Lord Most Merciful takes him into His Infinite and Unending Mercy, and forgives him his gross negligence. 

 

If one trusts, obeys, and follows the guidance and commands of Allah and His Messenger (saws),   one can be assured of never ever being misled;   but if one believes, obeys and follows any other guidance, other than that of Allah and His Messenger (saws), one can be assured of being led astray.  

 

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

 

 
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