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:

Salaamalailkum brother Burhan, i want to ask you something important but reply it to my email address only and also try to keep my identity confidential.

one of our American sister has recently accepted Islam and she is in need of help. in her past she was married to a Hindu person from India and they had a daughter out of marriage. now she wants out of the marriage but her spouse wont sign the papers. the reasons for her asking the divorce are as follows:

1. he married her for the sake of greencard.

2. he hid his first marriage from her and lied about his satus in USA.

3. he has been in India for the past six months with his first wife.

4. he has a six year old kid in India and the second child is expected to be born in december.

so basically the whole marriage was based on lies and betrayals. now that she is aware of all the facts she wants him to sign the divore papers but he refuses to do so. he has thearetened her in clear words that he will make her life a misery if she pulls out his green card papers. besides the fact that he is already cursing her for accepting Isalm. now she has asked me for help because i helped her to accept Islam. she is like my own sisters. because i have no knowledge about such matters that is why i ask you to guide me in the right direction. since he refuses to sign the papers can i sign the papers for her. because all it needs is a signature to get her out of the marriage. each and every word written above is true. so please reply as soon as possible. waiting for your reply.
sabir  

 

(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:

 

Muslim sister wants divorce from hindu husband

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 221:

221    Do not marry unbelieving women (idolaters) until they believe; a slave woman who believes is better than an unbelieving woman even though she allure you.  Nor marry (your girls) to unbelievers until they believe: a man slave who believes is better than un unbeliever even though he allure you.  Unbelievers do (but) beckon you to the fire.  But Allah beckons by His grace to the Garden (of Bliss) and forgiveness and makes His Signs clear to mankind: that they may celebrate His praise.

 

If the sister has accepted Islam as her way of life and her husband refuses to accept Islam, Shariah Law dictates that such a marriage would be absolutely null and void in the Sight of Islamic Law and of Allah Subhanah.  Although the marriage between a pagan man and a believing woman has absolutely no weight or validity in the Sight of Allah Subhanah and Islamic Law, because the sister lives in a disbelieving nation, her marriage with her will need to be terminated through the law of the land for legal purposes.

 

Beloved brother, if the sister can prove in court that her husband is already married, she should be able to get a divorce immediately from any court of law in the USA as bigamy is a crime and punishable by US law.  It would be best to approach a divorce lawyer and seek his advice on how best to terminate the marriage.

 

Your Question: since he refuses to sign the papers can i sign the papers for her. because all it needs is a signature to get her out of the marriage.

Dear and beloved brother, Islam guides towards absolute truthfulness and honesty in all matters and it does not behove and befit the character of a believer who sincerely believes in Allah and the Last Day to practice deception, lies, and falsehoods.  Under no circumstances would it be advisable or permissible for one to sign or witness something under a false name or pretext, for that would indeed be dishonesty and deception!

 

Even if you were able to get away with signing the papers in this world, we assure you brother that you will be held accountable for your deception in the Just and Supreme Court of Allah Subhanah on an Inevitable Day. 

 

Thus as hard and unfair as the husband may wish to be in not signing the divorce papers and releasing his wife who no longer wishes to remain married to him; it would not be permissible in Islam for one to practice falsehood and deception to attain the divorce. 

 

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