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:

Dear Brother,

I`m a working lady. I was working in Bahrain when i got married to my collegue.It was nearly 2 yrs. & 3months when my husband gave me divorce in front of his family. I`ve still not got legal divorce with him. The divorce was in India when his family poisoned him against me, just because all my money that i earned was finished and i wouldn`t serve them anymore and for that reason i we both husband wife were planning to go to UK.

My desire was to be a mother but unfortunately from day one of our marriage he never gave me that happiness what a husband gives his wife. To be very honest he never did intercourse with me. He always told me he cannot afford to bring a child and that`s why he doesn`t do intercouse.

Yes he would satisfy himself coming on top of me and removing his dirt upperly.

I have sacrificed my feeling throughout.

Now i stay in Dubai and my question is that if in future i want to get married again so will he harass me just because i dont have any legal documents.

Await your reply.

Thank you,

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Divorced wife no witnesses

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.

Now i stay in Dubai and my question is that if in future i want to get married again so will he harass me just because i dont have any legal documents.

Dear and beloved Sister in Islam, once the husband pronounces a divorce to his wife, and the ‘iddah’ or waiting period of three menstrual periods of the wife elapses….a divorce will be legally established between the couple in marriage in the Sight of Shariah Law and of Allah Subhanah, regardless of whether there were witnesses to the divorce pronouncement or not.

Beloved Sister in Islam, since your husband divorced you in front of his family, all those who were present would be deemed witnesses to the divorce pronouncement.

If Allah forbid, after the divorce has been established, your husband and his family who were witnesses were to ever unjustly claim that there was no divorce….Allah is our witness sister, they would take upon themselves an unimaginable calumny and an abomination of a sin for bearing false witness, and trying to make a mockery of the Laws of Allah Subhanah!

Sahih Al-Bukhari Hadith 8.7 Narrated by Abu Bakra

Allah's Messenger (saws) said thrice, "Shall I not inform you of the biggest of the Great Sins?" We said, "Yes, O Allah's Messenger (saws)" He (saws) said,

1. “To join partners in worship with Allah;
2. to be undutiful to one's parents”; and then the Prophet (saws) sat up after he had been reclining and added,
3. "And I warn you against giving forged statement and a false witness; I warn you against giving a forged statement and a false witness." The Prophet (saws) kept on saying that warning till we thought that he would not stop!

Beloved Sister, if your husband pronounced a divorce upon you and did not take you back before the expiration of the period of ‘iddah’, rest absolutely assured that a divorce has been established between you and your husband in the Sight of Shariah Law and of Allah Subhanah.

If you still feel that a legal document would give you more protection, you could approach a Shariah Court of Law, and after confirming with your husband that he did indeed pronounce a divorce…they should be able to issue you the required legal documents.

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