Fatwa ID: 02578

Answered by: Mufti Mohammed Tosir Miah

Question

Aslaam Alaikum is a 21-year-old female Muslim I got married in Pakistan to my cousin who I was not happy to marry for the sake off my mother I went with it when I got married we started to have a lot of problems which shouldn’t have occurred. I was physically and emotionally broken I returned back to the UK and experienced more problem with my husband my heart had broken a great deal I had come across a another man whom new about my problem I have come very close to him mashallah he is very understanding I have fallen very deeply in love with him I’ve been married 2 years and have had no contact with my husband in 7 months I did ring for a kullah but wasn’t financially stable I want to marry this man because I do not want to commit sin is it possible for me to remarry without divorce to my first husband who I have had no contact with or and physical relationship in 18 months please help as I do not want to commit sins

Answer

First and foremost what your parents did in forcing you to get married without your consent or permission was totally wrong and against the practice of Islam. However, even though you were upset and distraught it is not permissible for you to talk and be in contact with another man.

I understand that there has been no contact with your husband in Pakistan and that you have no feelings for him, but falling in love with another man when you are Islamically the wife of another man is totally prohibited.

Allah (SWA) says in the Holy Qur’an:

“Also (forbidden are) women already married, except those (slaves) whom your right hands possess.” (Surah Nisa v.24)

My suggestion will be for you to either ask him to give you a Khula in exchange for the dowry which he gave you or to contact an Islamic Shariah Council who will look at your case and may annul your marriage with your husband in Pakistan. After annulling the marriage and the passing of the Iddah, you may marry the other person. However, in the meantime, you should stop all form of contact with him until the annulment of the marriage is done with your first husband.

Contact Islamic Shariah Council, Dewsbury.

Maulana Yaqub Qasmi
Dewsbury, UK
Home/Office: +44 (1924) 464523

Only Allah Knows Best

Mufti Mohammed Tosir Miah

Darul Ifta Birmingham.