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Nikaah case

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:

two persons got married some 5 years back... but the guy hadnt taken the girl to his house. he had not announced the nikah. they did the nikah secretly and also established physical relations with the girl... during these years the girl commited some acts of immorality( she did not commited zina). she had some contacts with other guy (not physical and she ended them up by herself) after that her husband came to know about this. so the girl admitted her mistake. however the guy said that if you repent and turn to allah truly then i have forgiven you. but at the same time he told her that we will not remain in contact for six years and after six years if he feels that she has changed and became a good muslim he will marry her (i.e, announcement of the nikah and will bring her home).. however the guy suspended her for one year and was forced by his friends that he should talk to her he should not suspend her, finally due to enforcement and not his own will he started to talk to her wife again and this continued, however, this type of issue rised again, again the girl commited some mistake(like looking at a non mahram, having the thought of attracting other men etc) and the guy again became displeased and he divorced her, however the girl told her that for allah's sake dont do this, and the guy took her back and promised that he will never raise the old issues(dead meat) of the past, giving her two years to mend herself, but he again left her suspended, and this time she was badly hurt because he had suspended her, she says that if he had never suspended her she would not had committed any mistake when he is not present.... however after 8 months of suspension, she felt a dire psychological need of talking to her husband (she was in depression) that she could not resist and called him on phone but he refused to talk, she sent mesaage that she wants to talk but he didnt responded, he didnt even wanted to talk... now after a year she heard from a person who is the friend of her husband that he wants to divorce her, moreover the husband says that it is not because of her previous actions but his conscience is not allowing him to take her as a wife, but know allah has provided him the means to take care of his wife to bring her home so that he can fulfil his duty and her wife may also get a chance to live with him as she is supposed to be but the guy is rejecting to do so... the guy finally announced his second talaaq on phone, and talked arrogantly .... what is the condition of this nikaah, is the guy right???. one of his friends told him that you nikah is improper because it took place secretly and without a wali... but the guy doesnt admits his mistake.....the girl does....he is rather blaming the girl.. and has being telling her that he will take a second wife...(their parents did know that they want to marry each other but they dont know that the marriage has taken place,,,, their parents had told them that " ok, fine , when the right time will come they will get them married) secondly, the husband has landed her wife in a big trouble as she is not a virgin she says that no man will marry her now.... her friends advised her to hide her truth of being a non-virgin and already married but she refuses to do so....she says that if she will marry, may be after a year or 2 years she will not hide this truth from her would-be husband as it would be betraying him...n she cant betray someone like this.................kindly please please advise..




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Answer:

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.

The sister has made a mockery of all Shariah laws. First she get married without the consent of her wali, then she commits immoral acts, then she gets divorced multiple times. The sister should have never agreed to get married without hers and his family's blessings as now there is no peer pressure on the man to behave himself. If one breaks Shariah laws then he/she will have to bear the consequences.

The right thing to do is accept the divorce and seek to get married again to another man after informing him of her previous marriage. All this must be done the conventional way with the wali's consent and blessings.

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Members of Islamhelpline


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