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No divorce and affair

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:

I have a similar question, a friend of mine wants to divorce her husband they have been separated for about five years and he married to someone but won't give this woman a divorce. She got involved with someone else. What in the eyes of the Lord is their situation now?

thank you.

sister in Islam

 

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Answer:

 

No divorce and affair

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 229: A divorce is only permissible twice: after that the parties should either hold together on equitable terms, or separate with kindness. It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (Judges) do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them if she give something (her Mehr) for her freedom. These are the limits ordained by Allah; so do not transgress them. If any do transgress the limits ordained by Allah, such are the wrong-doers.


 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 231: When ye divorce women and they fulfil the term of their (`Iddat) either take them back on equitable terms, or set them free on equitable terms; but do not take them back to injure them or to take undue advantage; if anyone does that He wrongs his own soul. Do not treat Allah's Revelations as a jest but solemnly rehearse Allah's favors on you and the fact that He sent down to you the Book and Wisdom for your instruction. And fear Allah and know that Allah is well acquainted with all things.

 

Your Question: a friend of mine wants to divorce her husband they have been separated for about five years and he married to someone but won't give this woman a divorce.

If the wife seeks a divorce from her husband, and for any reason the husband is not willing to divorce her, she is well within her rights to initiate a divorce proceedings in a Shariah Court and the Judge would grant her a khula or divorce upon the return of the amount of mehr the man paid the woman at the time of their marriage.

 

It is not righteousness on the part of the husband to take undue advantage of the right of divorce granted to him by Allah Subhanah, and separate himself from his wife for a long period of time without pronouncing a divorce, with the intention to keep his wife hanging in a state where she is neither given her rights as a wife, nor is she divorced. Such an attitude and behavior on the part of the husband is severely disliked by Allah Subhanah, for the man has made a mockery and jest of the Commands of Allah Subhanah. The man who treats his wife thus, will be brought as a sinner and a criminal in the Just Court of Allah Subhanah and will have a severe accounting indeed.

 

Your Question: She got involved with someone else. What in the eyes of the Lord is their situation now?

No matter how long a time has elapsed in separation, if the divorce is not pronounced by the man or the Shariah Court, the woman would still be deemed legally married to the man.

 

It is absolutely prohibited and considered a heinous sin in Islam for a married woman to be involved with another man, regardless of the situation or condition. The woman should fear Allah Subhanah, and immediately stop her involvement with the other man until she gets her divorce from her husband; after which she is free to marry anyone she likes.

 

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 Allahs 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.

 

Allah says in the Holy Quran Chapter 3 Surah Ale Imraan verse 135-136: Allah likes such good people very much, who, if ever they commit a base deed or wrong their own soul by the commission of a sin, remember Allah instantly, and ask for forgiveness from Him for their shortcomings. For who, but Allah, can forgive sins? (And Allah loves those) who do not knowingly persist in the wrongs they did. These will be rewarded with forgiveness from Allah, and with Gardens beneath which canals flow, and they will reside therein forever! How excellent is the reward of those who do good deeds!

 

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.

 

Your Brother in Islam,

 

 

Burhan

 


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