{"id":10753,"date":"2018-12-12T18:22:05","date_gmt":"2018-12-12T18:22:05","guid":{"rendered":"http:\/\/daruliftabirmingham.co.uk\/?p=10753"},"modified":"2018-12-12T18:22:05","modified_gmt":"2018-12-12T18:22:05","slug":"a-man-forcefully-marrying-a-woman-who-is-in-somebody-elses-nikah","status":"publish","type":"post","link":"https:\/\/daruliftabirmingham.co.uk\/home\/a-man-forcefully-marrying-a-woman-who-is-in-somebody-elses-nikah\/","title":{"rendered":"A man forcefully marrying a woman who is in somebody else’s nikah"},"content":{"rendered":"

\n\tFatwa ID: 02679<\/strong><\/span>\n<\/p>\n

\n\tAnswered by: Maulana Imran Mughal <\/strong> <\/strong><\/span>\n<\/p>\n

\n\tQuestion:<\/strong><\/span>\n<\/p>\n

\n\tMy name Hasan. I am a male, age 30 from Bangladesh, and a <\/span>sunni<\/span> Muslim.<\/span>\n<\/p>\n

\n\t
\n\tI married two months ago, and I had known my wife (Her name Ferdousi) for the last 3 years. She has been raised in<\/span>step-mother<\/span> family, while her dad passed away at <\/span>early<\/span> age.<\/span>\n<\/p>\n

\n\t
\n\tHer<\/span>step mother<\/span> used to exploit her. A local influential and rich person (His name Shamim) saw her at <\/span>early<\/span> age, and bribed her step-mother with a lot of money to <\/span>arrange  <\/span>marriage<\/span> with Ferdousi. <\/span>\n<\/p>\n

\n\tBut Shamim had already a wife and children. Ferdousi used to hate Shamim. But Shamim, being <\/span>rich<\/span> and influential person in <\/span>locality<\/span>, nothing could be done against him.<\/span>\n<\/p>\n

\n\t
\n\tWith this situation being continued, I and Ferdousi decided to get<\/span>marry<\/span> in July 2018 without informing the <\/span>step mother<\/span> because we were afraid of Shamim's threats. <\/span>\n<\/p>\n

\n\tAfter one month of <\/span>marriage<\/span> I came to abroad in August 2018 for pursuing PhD degree and left her in <\/span>country<\/span>. As soon as Shamim and her <\/span>step mother<\/span> knew about her marriage, they became very violent and tortured her. <\/span>\n<\/p>\n

\n\tNow, Shamim has managed all the local law with <\/span>huge<\/span> amount of bribe, and I am a poor man without any family support to take any lawful action against Shamim.<\/span>\n<\/p>\n

\n\t
\n\tAs of September 2018, Shamim has threatened Ferdousi to divorce me and marry Shamim (as I told<\/span>shamim<\/span> had already a wife and children). Otherwise, Shamim will file <\/span>lawsuit<\/span> against me, my family falsely with fabricated <\/span>evidences<\/span> (bought by money), and start to harass me. <\/span>\n<\/p>\n

\n\tFeeling afraid, my wife has submitted to Shamim's conditions.
\n\tMy wife signed a divorce paper of our marriage on 27 Sept. 2018  but not from the heart but in the fear of threats by Shamim. I also did not utter any word of divorce to my wife. <\/span>\n<\/p>\n

\n\tNow, <\/span>shamim<\/span> will marry my wife after a week, even though it is mandatory to wait three months after <\/span>divorce<\/span>. But Shamim will not wait.<\/span>\n<\/p>\n

\n\t
\n\tAnd my wife told me that this marriage with<\/span>shamim<\/span> is against her will, and she will only utter "<\/span>Kobul<\/span>" (acceptance word) during the marriage with <\/span>shamim<\/span> by remembering my name and face in her heart. <\/span>\n<\/p>\n

\n\tLater, I and my wife has planned that after 3\/4 years, when I will complete my PhD and join a job and make my economic position and social status high enough to fight with Shamim, then she will return to me and divorce <\/span>shamim<\/span> in the court.<\/span>\n<\/p>\n

\n\t
\n\tSince I am a student<\/span>yet,<\/span> and have no powerful social status, and money, I can't fight with Shamim. So I accepted her <\/span>proposal,<\/span> and consoled her. In our heart, we decided to keep <\/span>patience,<\/span> and reunite again.<\/span>\n<\/p>\n

\n\t
\n\tMy question is: <\/span>\n<\/p>\n

\n\t1. Since my wife is forced to marry Shamim, is it a valid marriage?
\n\t2. Since my wife merely signed divorce paper with me out of force by Shamim, will it be a valid Islamic divorce in the eye of Allah?
\n\t3. My wife told me to keep in touch with her, and call her sometimes after marriage with<\/span>shamim<\/span>, will it be lawful in the eye of Islam?
\n\tWe both are<\/span>victim<\/span> of <\/span>zulum<\/span> by a rich, influential person who buys law and order with money. <\/span>\n<\/p>\n

\n\tLaw system being corrupt in the country, it is useless to fight against him with bare hands.
\n\tSo, please reply three of the above questions of me.<\/span>
\n\t \n<\/p>\n

\n\t \n<\/p>\n

\n\t\u0628\u0650\u0633\u0652\u0645\u0650 \u0627\u0644\u0644\u0647\u0650 \u0627\u0644\u0631\u0651\u064e\u062d\u0652\u0645\u0646\u0650 \u0627\u0644\u0631\u0651\u064e\u062d\u0650\u064a\u0652\u0645<\/strong><\/span>\n<\/p>\n

\n\tIn the name of Allah, the Most Gracious, the Most Merciful.<\/u><\/strong><\/span>\n<\/p>\n

\n\t \n<\/p>\n

\n\tFirst and foremost, it is extremely <\/span>said<\/span> to hear about your story, and I hope Allah will free you from all your troubles.<\/span>\n<\/p>\n

    \n
  1. \n\t\tAs long as a marriage <\/span>fulfills<\/span> the following conditions, it will be valid according to the Shariah, <\/span>however<\/span> those that are responsible for forcefully conducting this marriage will be sinful.<\/span>\n\t<\/li>\n<\/ol>\n