Islamic marriage advice and family advice

What are my rights under Sharia marriage?

broken marriage, broken egg, shattered

Assalaamu alaikum wa rahmatullahi wa barakatuh

I was married in a mosque in the UK 7 years ago with a wali and 2 male witnesses. My husband has decided to live a haram life: drinking, committing long-term adultery, beating me etc. I now live in his country and he says our marriage is unlawful and I have no rights. Can this be true? He refuses to go to the Sharia Court for a divorce as he doesn't want his name registered here as a 'husband'. Do I have any rights in this marriage? Can I divorce him? Would he have to support me? If I stay married to him am I entitled to inherit when he dies? And should I go to the court on my own to register my marriage here? Sorry for so many questions- really need someone's help.

Jazak Allah

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2 Responses »

  1. Wa 'alaikum as-salaam warahmatullahi wabarakaatuh sister,

    I'm so sorry to hear about what you are going through.

    Since the marriage was conducted with the consent of your Wali and in the presence of two witnesses, this means that the marriage is valid and lawful, and that the both of you can inherit one another Islamically. However, since he has decided to live a haram life and commits adultery, Islam does not permit you to continue marriage with him until he repents sincerely.

    Also, you may want to check your visa status. What type of visa did you take for traveling to your husband's country? Is it a spouse visa or a tour visa?

    In any case, please talk to your Wali and see what you want to do. You may also go to the sharia court by yourself (without letting your husband know about it) and tell them everything about your marriage. I believe they could assist you to either get divorced from him, or get you recognized legally as his wife, if he repents.

    May Allah subhanahu wa ta'ala ease things for you and guide your husband to the straight path. Ammen.

    • I am sad to hear what you are going through. What are the laws of the country? Are you trapped there? It sounds like a very dangerous situation for you and he is abusive. Can you go back to the U.K? Can you legally go back to your country without your husband's permission? I am saying this because it sounds like you are being abused. You need to get safe as he may not divorce you and the Sharia court may listen to your husband more then you. Under Sharia law you may not go anywhere without your husband's permission. You need to find out your legal rights in the country you are in. Some countries have both civil and sharia law and so then a woman can leave the country if she is in a dangerous marriage. But if it is Sharia law then you will need a divorce and will have to prove your husband is abusive which can be difficult. It is important that you make safety your priority. May Allah guide you and do a lot of prayer along with finding a legal agency or someone who can help you know your rights.

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