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Fatwa #1463413 October 2006Canada

I have a big problem and I need your sincerest advice inshuallah. This isn't your typical boyfriend girlfriend problem. This is concerning my ex husband and myself. We were married at a very young age,

Question

I have a big problem and I need your sincerest advice inshuallah. This isn't your typical boyfriend girlfriend problem. This is concerning my ex husband and myself.  We were married at a very young age, both just out of HS. I was a new convert to islam and hadn't yet established my deen or any foundation at all for my islam.  Neither of us were practicing at the time and our marriage was completely outcasted by the lebanese community. Needless to say we divorced. Neither of us knew the procedures following divorce.  I moved out of the home that day, had no one to intercede on my behalf coming from a kaffir family and not really having a wali and the divorce was mostly encouraged on both ends by all around us.  There was no arbitration between the 2 of us and no attempts made to recconcile the 2 of us.  Since divorcing almost 4 yrs ago we have both continually tried to move on with our lives. We both remarried. I even moved from canada to Jordan in sincerest hopes of moving on and getting over this person.  (My second marriage didn't work for reasons unrelated to the first marriage. He went on to marry his cousin in hopes of getting over me and in pleasing his family.  We still love each other very much and since then have both changed drastically alhamdulillah.  I know my religion and am now a devout practicing muslim alhamdulillah. The only thing hindering us is this continuing relationship between the two of us that we know is haram but want so desperately inshuallah to make halal. I'm not thrilled about the idea of being a 2nd wife but alhamdulillah this is a solution given to us from allah swt to protect ourselves from jahennam.  His whole family is opposed and is insisting that it is a huge zulm on his behalf. Also since it's not just some girl but his cousin it would obviously cause alot of problems within the family and is considered to be a shame.  Please, we just want to right this wrong.  We can't just forget each other. Wallahi we've both sincerely tried and allah swt knows best.  Also his mother is saying she will curse him and the family will disown him. He doesn't even really like this girl but know his responsibilities and rather then divorce her he wants to fullfill these obligations. He's trying to educate them and prepare them in the best manner possible. Please help.

Answer

Assalamu Alaikum Warahmatullah

 

Brother/Sister in Islam

 

You did not state whether your husband issued you with verbal divorce. A mere separation between the husband and wife does not constitute divorce in Islam. Therefore, if your husband did not verbally divorce you, your Nikah with him is still valid. If he did verbally divorce, then you should not hasten into the marriage. Consider the negative consequences of re-marrying the person and make Istikhara. If you are doubtful don’t commit to marriage. Stop your communication with him immediately. The more the communication will be, the deeper the feelings will be. You should bring the courage and exercise restraint. If you fear marrying him will cause grief and confusion, then marry someone else. He is not the only person you can marry. Make Dua to Allah. He will create another Halal love for you. Insha Allah.

And Allah Knows Best

Mufti Ebrahim Desai

 

Please Note: Listen to live discourses and advices given by Mufti Ebrahim Desai throughout this Ramadhan streaming on WWW.RADIORAMADHANCROYDON.COM Every alternate day after Fajr. 5:30am and after Taraweeh at 10:15pm. Also 10:00am everyday, Q/A 2:00pm and after Asr Majlis 5:15pm. All times are according to British standard times.  

 

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