I cannot divorce, how do I get married?
Hello, I´m a former Christian but now I converted to Muslim. I am married in Christian but separated for more than 7yrs now.
Since I am a filipino, I cannot divorce my husband as there is no divorce law in Philippines. Annulment is also impossible for me financially.
How can I get married in Islam?
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Assalamu alaykum Sister,
Welcome to Al Islam, the religion of Allah, may Allah guide you to His Path and increase you in knowledge and make you firm on the Deen of Islam and grant you victory in this life and the hereafter on the day of Judgment.
My advice to your question:
1. Get the legal issues solved, if not in court, try for an out of court settlement. Do not keep any chance for trouble in future due to negligance of the laws in the country you reside.
2. You may marry any Muslim man whom Allah brings across your way and who wants to marry you and is able to perform the duties of a Muslim husband. Try to get legal issues solved to avoid future troubles.
3. As far as divorce is concerned, there is a verse in Surah 60, Mumtahana of the Qur'an which is as below:
10. O you who have attained to faith! Whenever believing women come unto you, forsaking the domain of evil, examine them, [although only] God is fully aware of their faith; and if you have thus ascertained that they are believers, do not send them back to the deniers of the truth, [since] they are [no longer] lawful to their erstwhile husbands, and these are [no longer] lawful to them. None the less, you shall return to them whatever they have spent [on their wives by way of dower]; and [then, O believers,] you will be committing no sin if you marry them after giving them their dowers. On the other hand, hold not to the marriage-tie with women who [continue to] deny the truth, and ask but for [the return of] whatever you have spent [by way of dower] -just as they [whose wives have gone over to you] have the right to demand [the return of] whatever they have spent. Such is God's judgment: He judges between you [in equity] - for God is all-knowing, wise.
The name of the Surah is "Mumtahana" meaning - She who is to be examined.
So, you see, the moment a woman believes in Islam i.e she becomes Muslim and comes to seek refuge of Muslims, she becomes unlawful for the husband who denies faith in Islam. Hence, she can marry a Muslim man on the condition that whatever is spent on her by her non Muslim husband as dower is returned to him.
Whether that man says he gives you divorce or not, as per the judgment laid by Allah here, once you attain faith, turn to Muslims for refuge from your disbelieving husband, you become unlawful as a wife for him and he becomes unlawful as a husband for you.
This view is based solely on my opinion as to what I understand from the Book of Allah. You may verify this by going to a near by Mosque and meeting the Imaam (one who leads others in prayer) well versed in Islamic laws.
Be regular in prayers and keep praying to Allah to send all good your way.
I hope this advice would be helpful to you and you got a satisfactory reply to your question.
Feel free to contact us for any clarification or further questions.
Salaam.
Your brother,
Munib.