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Topic: Is This Marriage Valid?
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 abooabdilfattaah
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Member
Posts: 110
Joined: Sep 2002
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As Salaamu 'Alaikum wa Rahmatu Allaah ...
Question:
A Muslim man married a non-Muslim woman who was neither a Jew nor a Christian, according to him. Rather, she was raised as a Christian, but disbelieved in Christianity. He married her while she was a disbeliever and her Walee was a Muslim man. Since the marriage she has entered into Islaam. Is this a valid marriage or should they be married over again? If so, are they forced to wait a period of time before they are married over again?
Baaraka Allaahu feekum
أخوكم
أبو عبد الفتـــاح
Aboo 'Abdil-Fattaah
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| Moosaa
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Member
Posts: 1280
Joined: Sep 2002
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wa 'alaykumus-salaamu wa rahmatullaahi wa barakaatuh
Shaykh Muhammad Baazmool: They are to be seperated as they were never married.
I forgot to ask the follow up question. In shaa' Allaah, soon.
But it is urgent that they be seperated right now, so do not wait for the other part of the answer for them to seperate.
Moosaa Richardson
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سبحانك اللهم وبحمدك
أشهد أن لا إله إلا أنت
أستغفرك وأتوب إليك
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| abooabdilfattaah
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Member
Posts: 110
Joined: Sep 2002
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بارك الله فيكم يا أبا العباس
Let me know about the follow-up part ASAP, wa jazaakumullaahu khayran.
أخوكم
أبو عبد الفتـــاح
Aboo 'Abdil-Fattaah
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| abooabdilfattaah
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Member
Posts: 110
Joined: Sep 2002
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Also:
Is the marriage not valid because this woman's Walee was a Muslim and she a Kaafirah? I remember Jibaly discussing this issue during one of his visits to Pittsburgh, way back b/4 his condition was known to us. He made mention then that a Kaafirah's, i.e. a x-ian or Jewish woman who is Muhsinah, Walee must be of the same religion as the ward and must be Mutadayyin himself in that religion.
Or, was it not valid as she does not claim to be from Ahlul Kitaab in the first place? Or a combination of both?
Baaraka Allaahu feekum.
أخوكم
أبو عبد الفتـــاح
Aboo 'Abdil-Fattaah
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| Moosaa
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Member
Posts: 1280
Joined: Sep 2002
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Because she was not a Muslimah, nor from Ahlul-Kitaab, without even considering the religion of the walee.
Moosaa Richardson
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سبحانك اللهم وبحمدك
أشهد أن لا إله إلا أنت
أستغفرك وأتوب إليك
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| abooabdilfattaah
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Member
Posts: 110
Joined: Sep 2002
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Okay. Also, when you're following that question up with the Shaykh (i.e. can they marry now that she has accepted Islaam and, if so, must they wait a period of time), please verify the issue about the Walee being from the same religion if you are able.
أخوكم
أبو عبد الفتـــاح
Aboo 'Abdil-Fattaah
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| abu.sufyaan
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Member
Posts: 6
Joined: Sep 2002
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ASSALAAMUALAYKUM , my dear bro i feel that this question needs more details to it since it is not clear,"A Muslim man married a non-Muslim woman who was neither a Jew nor a Christian, according to him. Rather, she was raised as a Christian, but disbelieved in Christianity". What do u mean by she disbelieved in christianity?, since being ex christain i know there was a time i disbelived in what was taught by the church with regards to jesus being the"son of god" and if some one had asked me if i was a christain I would have said no but at the time I believed in THE GOD but i was not at that time a muslim. SO before seperating a man from his wife we need to be sure what we are saying and most be carefull what we give to the SHEIKH as the SHIEKH will answer based on the information He is give ALLAAHULMUSTAAN.
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| Moosaa
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Member
Posts: 1280
Joined: Sep 2002
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Wa 'alaykumus-salaamu wa rahmatullaahi wa barakaatuh.
Al-hamdulillaah, today I had the chance to discuss this issue further with Shaykh Muhammad, may Allaah reward him and preserve him.
He re-affirmed that the marriage was baatil and it never occured. He said that they may now be married with a legitimate contract. I asked him about those who say that the zaanee should be prevented from marrying the zaaniyah, and should this be applied here, ie. should they be prevented or forced to wait a certain amount of time, or what?
He said that we he said was the asl (base rule), that the man who made zinaa with a woman may marry that same woman, and there is no legislated reason to prevent that.
However, he added that the haakim may decide to prevent them from marrying each other, as 'Umar radhiyallaahu 'anhu did, for a reason that he sees will bring some benefit either to them or the community in general. He may prevent them from marrying each other as an 'uqoobah (punishment) if he feels that they got together in that haraam way upon knowledge and he wants to prevent this kind of thing from re-occuring. Here it is a punishment for the two of them and something that deters others from doing it, if it is something that is a spreading practice. He may also punish them by setting a time that must pass before they can marry, if he sees a benefit in that. He may marry them with no punishment, no waiting or anything, if he feels that lenience is best in the case, due to their ignorance or other reasons. All of these options are available to the haakim. However, the asl (base rule) as stated is that it is halaal for them to get married to each other.
Furthermore, I asked the shaykh about a woman in this case who had disbelieved in Christianity, but not yet accepted Islaam, but was searching for the truth. What if a man marries her in that situation when she has renounced Christianity and not yet accepted Islaam? He said she is a person who is considered to have NO DEEN in this case, and that a marriage contract between her and a Muslim man is baatil, invalid, since the woman must be either Muslim, Jew, or Christian for the contract to be saheeh, so they MUST be seperated. Her "searching for the truth" does not make her available for marriage to a Muslim man, no matter how sincere she is. I hope this clarifies the situation for our brother Abu Sufyaan.
Allaah knows best, wa sallallaahu 'alaa nabiyyinaa Muhammad.
Moosaa Richardson
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سبحانك اللهم وبحمدك
أشهد أن لا إله إلا أنت
أستغفرك وأتوب إليك
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| abooabdilfattaah
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Member
Posts: 110
Joined: Sep 2002
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Much needed and very beneficial information akhee! Baaraka Allaahu feekum for your quick handling of this situation yaa habeebee.
أخوكم
أبو عبد الفتـــاح
Aboo 'Abdil-Fattaah
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04-10-2003 @ 12:58 AM
