I have taken pictures of the book 'Islamic Jurisprudence' on the chapter of divorced authored by the esteemed scholar Dr. Salih Al-Fawzaan. This is a translated book and below is the relevant information you need. If you want me to take pictures of the rest of the chapter of divorce then I'll be happy to do so.
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Last edited by 'Abd-al Latif; 12-17-2009 at 11:45 PM.
And verily for everything that a slave loses there is a substitute, but the one who loses Allah will never find anything to replace Him.” [Related by Ibn al-Qayyim in ad-Dâ' wad-Dawâ Fasl 49]
You cannot divorce your wife islamically brother as the marriage wasn't done according to Islam. You must divorce her by state law. But do exhaust all possiblities of making your marriage work before taking this step inshaAllah.
asslam alaikum brother mark-
what you need to do is contact a masjid which deals with divorce- they will do it for you and give you relevent documents to proove your divorce in future if needed.
i am sorry things could not work out-
i hope Allahswt eases your pains.
i dont no if this applies to your wife, but in islam a divorce has to be said 3 times, after each time she has a period you can say the word divorce to her- write it to her so everytime her period ends you can say the word. for 3 months then you will be able to continue your life also it maybe helpful to get a english divorce also for which you will need a family solicitor-
asslam alaikum brother mark-
what you need to do is contact a masjid which deals with divorce- they will do it for you and give you relevent documents to proove your divorce in future if needed.
i am sorry things could not work out-
i hope Allahswt eases your pains.
sis
Hamdulillah, brother Markislam reverted to Islam after marriage to his Christian No nikah (islamic marriage contract) had ever taken place. Hence there is no islamic marriage contract to be annulled. A contract can only be invalidated by the same laws it was established by. I hope that clarifies the situation inshaAllah.
format_quote Originally Posted by Scents of Jannah
sis
Hamdulillah, brother Markislam reverted to Islam after marriage to his Christian No nikah (islamic marriage contract) had ever taken place. Hence there is no islamic marriage contract to be annulled. A contract can only be invalidated by the same laws it was established by. I hope that clarifies the situation inshaAllah.
Marriage to Jews and Christians is allowed so his marriage is Islamically valid and it should be annulled Islamically. Allah knows best.
Last edited by 'Abd-al Latif; 12-18-2009 at 09:20 PM.
And verily for everything that a slave loses there is a substitute, but the one who loses Allah will never find anything to replace Him.” [Related by Ibn al-Qayyim in ad-Dâ' wad-Dawâ Fasl 49]
I was looking at myself talking to myself and I realized this conversation...I was having with myself looking at myself was a conversation with myself that I needed to have with myself.
format_quote Originally Posted by Scents of Jannah
That is if the man is a muslim himself at the time of marriage. Brother Markislam wasn't. There was no nikah.
There was a nikah but this was according to the laws of the people of the book. Now that he is Muslim he has to act according the Law of Allah.
And verily for everything that a slave loses there is a substitute, but the one who loses Allah will never find anything to replace Him.” [Related by Ibn al-Qayyim in ad-Dâ' wad-Dawâ Fasl 49]
There was a nikah but this was according to the laws of the people of the book. Now that he is Muslim he has to act according the Law of Allah.
I dont understand. Does the non muslim wife has to observe idah then? Or the islamic law only applies to the muslim husband? I kind of find it strange to think that different laws apply to spouses in the same matter.
I will also try to find the fatwa I read about previously which stated that there was no islamic divorce if there was no islamic nikah. Also can you give source please bro? This is an interesting matter.
Markislam, Scents of Jannah I will PM you in a few minutes with something that may be of benefit to you. I am closing this thread in the mean time to avoid further discussions. I may reopen it later upon request.
And verily for everything that a slave loses there is a substitute, but the one who loses Allah will never find anything to replace Him.” [Related by Ibn al-Qayyim in ad-Dâ' wad-Dawâ Fasl 49]
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