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| I Love Allah Status: Offline Posts: 6,017 Reputation: 37582 Rep Power: 83 Join Date: Mar 2005 Location: La ilaha illAllah - (B'ham) Gender: Way of Life: Muslim | Anonymous sis, I'm saddened to hear what you have been through. May Allah have mercy on you. Ameen. I have gathered some information to help you make a stance for your rights according to Islam inshaAllah. I hope it's helpful. The Quran on Marriage In Surah Al-Rum Chapter 30, Verse 21 (30:21) “And among His signs is this, that He created for you mates from among yourselves, that ye may dwell in tranquillity with them, and He has put love and mercy between your (hearts)”. In Surah Nisa Chapter 4, Verse 21 (4:21) The Qur’an refers to marriage as a “Misaq” that is a sacred covenant or agreement between husband and wife. In Surah Nisa Chapter 4, Verse 19 (4: 19) “Oh! You who believe, you are forbidden to inherit women against their will!” *** Consent In Marriage 1) consent of both parties. 2) " Mahr" a gift from the groom to his bride. 3) Witnesses- 2 male or female. 4) The marriage should be publicized, it should never be kept secret as it leads to suspicion and troubles within the community Coercion does not count as consent. Therefore sis, as you had been forced to sign the marriage contract you will now have to seek legal help to invalidate the Nikah, if your parents do not accept your basic moral and legal right. Also your husband does not have any moral or legal rights over you, till the time that you give him such rights, with the willingness of your heart. In your circumstances it is not sinful on your part to refuse talking to him or to seek legal help in revoking the said marriage contract. The Prophet sallallaahu `alayhi wa sallam prohibited forcing a virgin in marriage without her permission, whether by her father or anyone else. Furthermore, `Aa'ishah, may Allaah be pleased with her, related that she once asked the Prophet sallallaahu `alayhi wa sallam: "In the case of a young girl whose parents marry her off, should her permission be sought or not?" He sallallaahu `alayhi wa sallam replied: "Yes, she must give her permission." She then said: "But a virgin would be shy, O Messenger of Allaah!" He sallallaahu `alayhi wa sallam replied: "Her silence is [considered as] her permission." [Al-Bukhaari, Muslim, & Others] *** Hadith on forced marriage The Prophet (pbuh) prohibited the practise of forced marriages as completely going against the purpose of marriage as set out in the Quran. Abu Hurayrah, may Allaah be pleased with him, reported that the Prophet sallallaahu `alayhi wa sallam (may Allaah exalt his mention) said: "A non-virgin woman may not be married without her command, and a virgin may not be married without her permission; and enough permission for her is to remain silent (because of her natural shyness)." [Al-Bukhaari, Muslim & Others] A woman said to the Prophet that her father married her to a relative of his in order to improve his own social standing. He did not ask her views on this marriage before he did it. The Prophet ruled the marriage to be dissolved immediately. The woman said: "Now, messenger of God, I approve of what my father has done. I only wanted that women should know that men have no say in their matrimonial affairs." ONE day, a beautiful woman by the name of Jameela, daughter of Abi Ibn Salool, came to the assembly of Prophet Muhammad (Peace Be Upon Him) and said to Him: "O prophet of Allah, nothing can make my head and his (her husband's head) to be together in one place." Then she went on to describe how ugly and repulsive she found him to be in appearance. The Prophet asked her if her husband had given her anything as dower. Jameela informed him that he had given her an orchard of dates as her mehr. At this the Prophet asked her if she was ready and willing to return the orchard to him. She replied, "Yes, that and more!" At this he said, "Not more, not more." Then the Prophet sent for her husband, Sabit bin Qais, informed him of his wife's feelings and intention and conducted a divorce between them. A companion of the Prophet, Mughira bin Shuba, reported that when he intended to marry a certain woman and to send the proposal of marriage to her, the Prophet asked him, "Have you seen her?" The man said "No". The Prophet advised him, "Take a look at her, as this would be more conducive to producing affection, love and pleasant harmony between the two of you". (Musnad Ahmed, Tirmizi, Nisai, Ibn Majah). So love and harmony between the spouses are essential ingredients of a successful marriage. Once a young woman came to the Prophet and said that her father had married her off as a minor, and that she had obviously not been consulted. The Prophet said that she could leave her husband if she so wished. She replied, "I have no desire to leave him. I simply wanted to know my rights." This was the Prophet's way of honouring the female. And of His signs is this: He created spouses for you from among yourselves that you might find comfort in them, and He put between you love and mercy. Surely there are signs in that for people who reflect. (Qur'an 30:21) *** Your Rights To Divorce According to a narrative reported by Abu Dawood, once when a case of forced marriage was reported to the Prophet (pbuh), he allowed the woman (who was forced into marriage) the option to revoke the marriage, if she desired to do so (Abu Dawood, Kitaab al-Nikah, Narrative No. 1797). Question (Islam Online) What are the rights of a woman in Islam to get a divorce from her husband when he has decided not to give divource/khula? He has the intention of keeping her in his grip/want to punish her this way? How she can take khula, when he refuses to give divorce, or when the Qadi (Judge) is not accepting khula? or when the husband is in another country to be available to the local Qadi/court? Answer If that woman is in a non-Muslim country, she should file for divorce to the court. When she gets the decree of divorce, she can go to an Islamic authority who is knolwedgeable enough to arbitrate with her husband. The resolution he makes becomes valid. If the husband refuses to accept the arbitration, that authority can issue her a divorce certificate and she can marshall the contents of the certificate by herself. She can enforce her rights by the help of the local government. Allah Ta’ala says in the Holy Quran: "If you fear that they (husband and wife) are not able to keep the limits ordained by Allah, then there is no sin on either of them in that which the wife gives (in lieu of freedom). These are the limits ordained by Allah. And whosoever transgresses the limits of Allah, then such are the wrong-doers." (Surah Al Baqara verse 229) *** Khula (when a woman initiates divorce) Please refer to link:http://www.jamiat.org.za/aj/ifta/khula.htm Lastly sis, if you proceed with the annulment of this marriage, there will be no sin of disobedience to your parents. Islam has given you this right and as I can see from your situation, there is nothing else for it. Your parents cursing you for doing what Islam permits does not hold in the eyes of Allah. May Allah give your parents hidayah and make matters easy for you. Do what is right in the eyes of Allah, it is Him we shall answer to at the end. Just always be respectful to your parents, even if they are wrong. May Allah have mercy on you and bless you with peace and happiness. Ameen. Quote:
"Truly in the heart there is a void that can not be removed except with the company of Allah. And in it there is a sadness that can not be removed except with the happiness of knowing Allah and being true to Him. And in it there is an emptiness that can not be filled except with love for Him and by turning to Him and always remembering Him. And if a person were given all of the world and what is in it, it would not fill this emptiness." -Ibn Qayyim al Jawziyya | |
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| Ummah Under 1 Banner Status: Offline Posts: 10,870 Reputation: 48800 Rep Power: 100 Join Date: May 2005 Location: ...travelling to the hereafter.. Gender: Way of Life: Muslim |
Islamic-Life.com Bringing Dawah back..to life! http://salaf-stories.blogspot.com http://seerah-stories.blogspot.com http://ahlalhdeeth.com/vbe |
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| Ummah Under 1 Banner Status: Offline Posts: 10,870 Reputation: 48800 Rep Power: 100 Join Date: May 2005 Location: ...travelling to the hereafter.. Gender: Way of Life: Muslim |
Islamic-Life.com Bringing Dawah back..to life! http://salaf-stories.blogspot.com http://seerah-stories.blogspot.com http://ahlalhdeeth.com/vbe |
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| Junior Member Status: Offline Posts: 35 Reputation: 16 Rep Power: 0 Join Date: Apr 2006 Location: Toronto, Ontario Gender: Way of Life: Muslim | salam wow sis i feel really bad for you, but obviously, you didn't come on here just looking for sympathy. Here's what I have to say to you: Are you completely positive your marriage to him would not be a good thing? I mean, like have you tried really talking to him, getting to know him - ofcourse since you guys don't know eachother right now, it's going to be hard to start up a coversation, but you're going to have to. And it should be more that a 5 min. convo that you guys only say "hi" and "how are you".. try and get to know him. If you find you still don't like him at all, then well I suggest trying to talk to you parents. Maybe they don't know forced marriages are haraam. Make them understand. If they don't listen, go to your local Imaam, as someone already suggested. You may get some good advice from there, and maybe he might even try and talk to your parents. If still, your parents don't budge, then I'd say let them disown you. Honestly, I know that sounds really hard, and I don't even know if it's halaal, but if I were you, that's what I would do. Good luck, Sanaa XOXO salam |
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| Revert4Life Status: Offline Posts: 3,332 Reputation: 14315 Rep Power: 48 Join Date: Jul 2005 Location: Cardiff, Wales Gender: Way of Life: Muslim | quite simply this....(as stated above) Quote:
I am not sure if you received a mahr but if you did not receive something then again the nikkah is invalid. If this is the case he is not your husband...these acts ahve to be fulfilled inorder to validate the marriage. However, if this is not the case, then i would urge you to try to talk to your husband and get to know him as others have sed.It will be hard at first. but give it time and pray to Allah to help you. Surely Allah knows the best for you and He will never do you wrong. I keep you in my duaas, dear sister Rabi'ya:rose: | |
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| IB Oldtimer Status: Offline Posts: 1,870 Reputation: 377 Rep Power: 0 Join Date: Nov 2005 Way of Life: Undisclosed | Thank you all so much for your replies. I appreciate it so much... jazaks.
__________________May Allah swt bestow his blessings on you. You know as humans, we can't be forced to do anything... it only makes us turn away. We have to want it with our heart. Yes I grew up in pakistani culture, but I grew up hating it.... I only saw the bad parts (oh what will others think of us, money, who has the new mercedes, who has the big house), and honestly I am just a Muslim. No culture, no anything, thats what I like to be. The problem is and I know this is silly but 1. I know more than my husband about living in America... I was born here, you know? I get along with Muslims who have that similar background the similar culture of being raised in America. I feel like I may always be the older person in the marriage vis a vis how to live in America, and I dont want that. 2. I am not attracted to my husband. How am I supposed to consummate a marriage? I dont understand how people do this... how can you have "relations" if you are not attracted to a person? Like physically how can you do it? I feel like I would scream and run away 3. I have spent time with my cousin, he is a nice person, its just that I have been working for so many years to make this resentment go away its not going.... I will always be jealous of the Muslims around me who grew up the same way as me but were able to pursue halal marriages. Its so hard, you know, i mean i know alot of females are in this situation, but you want your marriage to be the start of your new life, and how can you enter it when you resent the culture and your parents and his parents more and more everyday. I guess in the end I feel like if this is my destiny then what can i do? I hate my parents, they come to the states seeking money and they expect us not to be any different than if we were raised in pakistan?!!??!!??! there is so much sin surrounding us astagfirullah, with movies, and the way high schools are... how can people not see that it is so much harder to grow up in a non muslim country than one like pakistan? then they compare me to everyone back in pakistan-- BUT I GREW UP IN AMERICA!!! i had so many more difficulties and obstacles to my nafs/ temptations than they had... yet compared to others here, I have tried my best to not give in. sorry i just hate everything right now so much..... when i sleep i have such bad nightmares, i just try to focus and dream of paradise i think you know maybe Allah swt if i am granted paradise maybe i can be with a person of my choosing there. thats all i hope for now. i dont know how i am supposed to go through this life and express my feelings joys and passions. i feel like i just have to accept this so my father doesnt kill himself b/c i shamed the family and deal with it. i guess its hard b/c i do see that there were other halal ways that people could live their lives.... and i just wanted to experience it in that way.
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| Ummah Under 1 Banner Status: Offline Posts: 10,870 Reputation: 48800 Rep Power: 100 Join Date: May 2005 Location: ...travelling to the hereafter.. Gender: Way of Life: Muslim | If you feel you can't do anything, you still have the most beneficial option. Our beloved Prophet Muhammad (peace be upon him) said: Three supplications are answered, there is no doubt in it:...and the supplication of the wronged person. (Ahmad, al-Bukhaaree in al-Aadaab, at-Tirmithee, and Abu Daawood, authentic. See Saheeh ul-Jaami' no. 3028) When My servants ask thee concerning Me, I am indeed close (to them): I listen to the prayer of every suppliant when he calleth on Me: Let them also, with a will, Listen to My call, and believe in Me: That they may walk in the right way. (Qur'an 2:186) When you pray, pray for what will be the best for you, your family, and your religion insha'Allaah. ![]() Islamic-Life.com Bringing Dawah back..to life! http://salaf-stories.blogspot.com http://seerah-stories.blogspot.com http://ahlalhdeeth.com/vbe |
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| IB Senior Member Status: Offline Posts: 574 Reputation: 136 Rep Power: 25 Join Date: Feb 2006 Location: England Gender: Way of Life: Christian | I feel really sorry for you being in such a horrible position in your life...do you have any other family in the USA at all?... a close friend who can help you or someone to give you some kind of support through all this? a doctor maybe who could put you intouch with a support group..sorry I don't know how things are done in the USA. |
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