Fatwa #103179 December 2003Canada
he divorced her on the paper through the canadian court so if she wants to get married with another guy, can she?
Question
1. My sister had a nikah with this guy and she sponsered him and he came here but there was some problem so he divorced her on the paper through the canadian court so if she wants to get married with another guy, can she? or will she have to three times divorce from the guy and if she has to but the guy is not willing to then wat does she have to do?2. is there any zikr or wadifa for getting rid of the waswaswas i am getting.3 Currently I am doing Aalim and done 1st yr and now I am thinking it will take so long, so I feel like quiting so if I do qari instead is this ok because this is better then going back public school in bad mahol cuz if I quit i am sure my parents will send me there(p. school) because they want me to become something if not for deen then atleast for duniya, but i dont wana go back there insted i wana go to england or something to do qari so is this ok? I know people who were doing aalim but then they quit some thought it was hard some thought it will take long. Is it easy becoming qaari?
Answer
1. If your sister?s husband divorced his wife, then the divorce will be valid even if it was through Canadian court divorce procedures. We do not know what type of divorce your sister?s husband issued her. However, if he issued her one straight forward divorce, then that will constitute one Talaaq-e-Raj?ee (revocable divorce). If he revokes the divorce before the expiry of the Iddat, then she has reverted to be his wife. If he did not revoke the divorce until the expiry of her Iddat, then the divorce is converted into an irrevocable one and the Nikah has terminated. She may then remarry another person.%0D%0A%0D%0A2. It is very encouraging to note that you are doing your Aalim course. Your condition has come before me at a time when I was deciding this morning to write a detailed article on the importance of seeking knowledge and encouraging the Muslims especially in Western countries like US, Canada, England, etc.%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMufti Ebrahim Desai%0D%0AFATWA DEPT.%0D%0A%0D%0AI make this plea after my frequent travels in the past decade to many North American (US and Canada) States provinces and Cities. Hereunder are some of my observations:%0D%0A%0D%0A1. It is no hidden fact that most of the Muslims in western countries have migrated there for better worldly prospects. Most of them are professionals and had not spent much time in seeking Islamic education. However, they have come there with some spark of Imaan in them.%0D%0A%0D%0A2. Many such people have dedicated their time and energies in establishing themselves in North America and in that course have neglected their religious duties and proper upbringing of children. Many children have grown up as Americans rather than Muslims. I have come across many American youth not having an idea of what Azaan is. %0D%0A%0D%0A3. Initially, there was a consciousness of the revival of Deen in only a few Muslims in almost every city.%0D%0A%0D%0A4. It was the sincere efforts of those few Muslims that many Masaajid have been established all around North America and they presently continue to be established.%0D%0A%0D%0A5. Deeni halqas (groups) and educational programmes have been put in place.%0D%0A%0D%0A6. The Masaajid and educational programmes have been a draw card for many other Muslims in those areas. People started frequenting the Masaajid and began benefiting from the educational programmes.%0D%0A%0D%0A7. The fading spark of Imaan due to mundane activities are again brightened and the realisation of guarding one?s Deen have dawned upon many Muslims throughout North America, Alhamdulillh.%0D%0A%0D%0A8. The greatest drawback in North America is the proper understanding of Deen and the lack of reliable and competent Ulama. In a western country like South Africa with an approximately 40 million population, there is less than 1% Muslims. It had a similar beginning like North America until an effort was made to educate our children and make them Ulama. In the past twenty years there has been an Islamic education revolution in South Africa with many Darul Ulooms and competent Ulama. The Ulama have worked tirelessly in educating the public and conditioning their minds according to Islamic values and ethos. Alhamdulillah, students from many parts of the world and even professionals enrol themselves in these traditional Darul Ulooms and benefit from the discourses of the Ulama.%0D%0A%0D%0A9. The North American public constitute almost 12 million Muslims. Who is there to service the Masaajid and educate the public?%0D%0A%0D%0A10. It is very encouraging to note that there are some Darul Ulooms in North America ? Buffalo, Ajax, etc. Their students are servicing many states and cities. I have observed the recitation and discourses of many students and they seem to have a tremendous impact on the public.%0D%0A%0D%0A11. Many parents have sacrificed their children and sent them abroad to become Ulama. Many have come to us in South Africa and are doing a great service to their community.%0D%0A%0D%0A12. The immediate need of the North American public is to create reliable Ulama from among themselves. That is the real market for today. People considering professions also consider the demand of the time. The greatest demand is Islamic education and we urge the American public to make use of our Darul Ulooms to educate their children and make them Ulama. In view of the demand, Insha Allah, their worldly needs will be taken care of and it will be a means of salvation in both the worlds for them and us (parents).%0D%0A%0D%0A13. There is a misconception that Ulama remain poor and needy. Such a thought should be reviewed against many professionals holding many degrees but are unemployed or many fear being retrenched. Secular education poses the threat of being dormant. That is not so with Islamic education. It is a permanent need and solution for all problems.%0D%0A%0D%0A14. It will be sad if any one denies the importance of Islamic education and having reliable Ulama even after witnessing and experiencing such trying times of the Ummah when only the strength of Imaan enhanced by proper Islamic education can be a proper source of guidance.%0D%0A%0D%0A15. We suggest and encourage every organisation to offer bursaries and sponsorship to people wanting to become Ulama. That is the true investment for our community and an ever recurring reward for the hereafter.%0D%0A%0D%0A16. It is important for us to draw strength from the experiences during hardships of our Salaf ? sahaaba and pious predecessors.%0D%0A%0D%0A17. It could only be their strength of Imaan and proper understanding of Deen that made them sail through the different waves of Fitnah during their times. Today, it is our time. %0D%0A%0D%0ADear brother, you state you are doing the first year Aalim course. Please read the above points clearly and strengthen your intention to continue with your Aalim course. You have another 5 years which will soon pass by. If you engaged in something else, the 5 years will still pass by. Consider your end-result - an Aalim (scholar) of Deen is an Aalam (world) of many benefits.