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
God
bless you.
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errors in the above statement. The forum does not change anything from
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confidentiality.)
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
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
Wister