Islamic marriage advice and family advice

Muslim woman who left to finish her education and married someone else?

Iranian university students at their graduation. "As part of her Ph.D program, she went to the U.S. for 6 months, without her husband's permission..."

I'd like to find out what does Islam say about a Muslim woman, who is married and has a valid Nikah in presence of more than 100 guests, but the final wedding ceremony was not fulfilled because the woman in question is a Ph.D. student and she needed to finish her education before the wedding.

As part of her Ph.D program, she went to the U.S. for 6 months, without her husband's permission and I have recently learned that she has signed another marriage certificate with a non-Muslim (Hindu) man during her stay in the U.S. without seeking a divorce from her first marriage.

I suspect that she did it for extending her stay and seeking immigrant status in the U.S.

I'm not sure if her parents are also complacent in this act or not. But from Islam's point of view, what should her parents do? If her parents are aware of all situation what kind of punishment should be given to them in light of Islam?

Can a Muslim women travel with out her husband's permission?. Also what should her first husband do?

Sincerely,

- AS


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2 Responses »

  1. asalamu alaikum,

    ok after reading this i can some how understand. you ask Can a Muslim woman travel with out her husband's permission? a woman is not allowed to travel without a mahram.

    secondly i want to say a woman is not allowed to marry a non-muslim.

    you said "part of her Ph.D program, she went to the U.S. for 6 months,without her husband's permission ? and I suspect that she did it for extending her stay and seeking immigrant status in the U.S."? it seems to me she probaly was forced into marrying you therefore she is trying to start a fresh in a new country and be free.

    then a again i maybe wrong im an outsider and this is a one sided story, my answer is solely based on the question you gave.

    the last question you said " Also what should her first husband do"? i think you should ask her what she wants to do, also dont force her into what she doesnt want to do.

    ma salama

  2. Bismillahi Rahmani Rahim

    Salaam Alaikum wa Rahmatullah

    For a marriage to be valid, several conditions must be fulfilled. If the "nikah" you mention included all the marriage requirements, then they are 100% legally married even if they have not had the walima, the wedding feast. If there was agreement of the two parties, a guardian (wali) for the woman, a bride gift (mahr), two Muslim witnesses, and the announcement of the marriage, then the marriage is complete.

    It is not permissible for the woman to travel without a mahram, and it is doubly wrong to travel alone when her husband did not permit her to do so. She is disobeying on two points. Marrying a Hindu is not allowed for a Muslim woman, and of course if she has a valid marriage she cannot marry anyone else, Muslim or not. If the marriage is a "sham" marriage, taking place only on paper for the sake of her remaining in the US, this is a type of fraud and deceit against the US government, and it is not allowed.

    In order to try to undo some of the harm of this situation, the woman must immediately annul the invalid marriage in the US or get a divorce. Then, regardless of her studies, she must return home to her husband. She should repent of what she has done, apologize to her husband for disobeying him, and should strive to her utmost to reconcile the marriage. The husband should be patient with her and allow her the opportunity to make taubah to Allah and to work hard to be a good wife. He should do this in the positive and gentle spirit of Islam, and should not abuse her or attempt to make her feel guilty in an ongoing manner, always throwing the situation up in her face.

    If either party feels they cannot continue in the marriage, they are permitted to divorce, but divorce is the most hated of the permissible things in Islam so this step should not be taken lightly.

    It is vital that the husband and wife strive to learn about their deen so that they will understand their rights and responsibilities in Islam. Had they known the rulings about traveling and marriage, this situation would not have come about, and Allah knows best.

    Fe Aman Allah,

    Noorah

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