Fatwa #145121 September 2006South Africa
Is it allowed for a Muslim girl to have a fake marriage without living with a person whom she has no intention to marry but just to avoid military conscription.
Question
Is it allowed for a Muslim girl to have a fake marriage without living with a person whom she has no intention to marry but just to avoid military conscription.
In some African countries where people from both religion (Islam and Christian) live, there is a compulsory military service for both male and female, in such condition, the female is exposed to live in a gender-mixed camp where so many bad things happened like rape and related other cases. In this case, if the girl is married she is not compelled to undergo military service, therefore what is the Islamic instance in this case? and what would be the proper procedure for divorce should a change arises, or if the Muslim female wants to get married properly again? Please explain
Answer
Nikah is a sacred institution and should be performed only to fulfil the purpose and cause of marriage in Islam. If one is faced with a predicament as stated in your mail and a girl marries to protect her chastity and avoid being abused, then once the Nikah is performed, the couple becomes husband and wife. The husband will have a right to claim his rights from the wife and vise versa.
However, it is permissible for the husband and/or wife to forfeit their rights and still remain in Nikah. Thereafter the husband may divorce the wife. If the couple spent time after Nikah in such a way where there was no hindrance in them becoming intimate, the wife will have to sit in Iddah (waiting period). This rule applies even though no physical intimacy took place. She will sit for three menstrual cycles if she experiences menses or three months if she does not experience menses. If the couple spent no time together, there is no need to sit in Iddah. Once the Iddah has being complete the woman may marry whoever she wishes.
And Allah Knows Best
Mufti Ebrahim Desai