Fathwa, - Her practicing husband turned extremely dissolute

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Question
Asalam-o-laikum My friend married her husband because he was Islamic as she is practicing herself. she has been married for the last 3 years but in-between that time they were seperated for a year )2012(. whilst they were apart he started dealing drugs, Drinking Alcohol and sleeping around. When he took her back, he promised that he would change, but didn't. Then this Sept 2013 she found a girls number on his phone and when she phones that girl, it came to light that he has been having an affair for the last year. she then went to her parents house and as soon as she moved out another girl moved in for 2 months. He has now been in touch with her again said he will change and that she should give him another chance. She has been giving him chance after chance after chance. he has been violent towards her and mentally abused her and also at one point he was drunk and forced himself upon her. Prior to getting married to her, he was a drug dealer and whilst he was in prison he started practicing. so she thought he had reformed. He always says he will never ever divorce he but at the same time will not take her back. She married him because he was practicing. my question is- she married him because he was practicing and now he isn't )Shaved his beard as well( is the marriage still valid? I really need to know this because I am really worried about my friend. she has been told different things.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammadis His Slave and Messenger.
Your question is somewhat unclear in some places, so it is better that you ask orally a trustworthy scholar or consult an Islamic center in your country. Nonetheless, we will answer your question according to the way we understood it.
From the words of the husband that he will never divorce her, we understand that she is still his wife. If this is the case, then she is still legitimately his wife, and him being dissolute does not take her outside his marriage bond.
As regards his statement that he will not take her back, if he meant that he will not have sexual intercourse with her as a wife, then he is not permitted to leave her hanging, neither divorced nor married. He has to either keep her in kindness or divorce her in kindness.
However, this man should be admonished and reminded of Allaah, called to repent from those evil deeds, and be advised to have good marital relations with his wife. If he repents and accepts advice, then praise to Allaah, otherwise, it is better for his wife to ask him for divorce even in return for compensation that she pays to him. If he does not accept, she should take her matter to one of the Islamic centers. For more benefit, please refer to Fataawa 225223, 94383and 92681.
Finally, we would like to point out to the following matters:
1. It is not permissible for a man to have an intimate relationship with a non-Mahram woman, as this is one of the causes of corruption and a means that leads to immorality )fornication or adultery(.
2. It is not permissible for a wife to leave the marital home without her husband's permission unless she has a legitimate reason. The fact that her husband is having an affair with that girl does not make it permissible for the wife to leave her husband’s home without his permission.
3. It is not permissible for the husband to abuse his wife by beating and humiliating her; this is an injustice especially if the wife is obedient to him. Allaah says )what means(: }But if they obey you ]once more[, seek no means against them. Indeed, Allaah is ever Exalted and Grand.{ ]Quran 4:34[
Allaah Knows best.

- PUBLISHERNajimudeeN M

Fathwa, - Ruling on Khul' under coercion

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Question
Slam,i am 26 years old..i had nikah with my cousin in court 3 months ago in the presence of 2 witnesses and molana sahb.we both love eachother with our souls..i spent time with my husband and we had physical relationship as well.i was damn sure that i would made my parents accept this nikah later but when my parents came to know about it they threatend me to kill me and my husband and presurrised me to demand khula or else they would kill me and my husband..i asked for khula for sake of life of my husband and he unwillingly sent me divorce papers..now kindly tell me is this khula valid?)i was having my mensus on the day i received divorce paper(kindly give me precise answer about validity of khula and iddat of khula and remarriage with my husband after khula..thank you
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammadis His Slave and Messenger.
First of all, you should know that ]the consent of[ the Wali )woman's guardian( is a condition for the validity of the marriage contract according to the view of the majority of Islamic jurists. However, if the marriage contract is conducted by an Islamic judge, it is a valid marriage as stated by the jurists.
Ibn Qudaamahsaid after mentioning that the marriage is not valid without a Wali: “If the )Islamic( judge rules that this ]marriage[ contract is valid, or if the one who conducted it was the judge, it cannot be invalidated. The author ofAl-Muhaththabsaid: “If the marriage contract is held without a Wali, and the judge ruled that it is valid, then there are two views on this: the first view is that his ruling is invalidated as it runs counter to a prooftext, namely the Hadeeth narrated by ‘Aa’ishah, which was mentioned earlier. The second view is that it is not invalidated and this is the correct opinion, because there is a difference of opinion ]about the prerequisite of Wali[.” ]End of quote[
For more benefit on the conditions of marriage, please refer to Fataawa83629and130284.
If Khul’ is issued under coercion, it does not take place as we have clarified in Fatwa205168. The coercion under which Khul’ does not take place is if the person who threatens is able to carry out the threat and there is probable cause to believe that he will carry it out.
Also, Khul’ during menses is not forbidden according to most of the scholars, rather it is effective regardless of whether or not it is forbidden )i.e. even if we presume that it is forbidden according to some scholars(.Shaykh Al-Islam Ibn Taymiyyahsaid in his Fataawa: “...It is for this reason that most scholars are of the view that Khul’ in menses is permissible, because according to the statements of the scholars of Hadeeth, it is not a divorce but an irrevocable separation." For more benefit, please refer to Fatwa157463.
As regards divorce during menses, it is contrary to the Sunnah and forbidden, but it takes place according to the strongest view of the scholars; and it is the view of the majority of the scholars as clarified in Fatwa81864.
On the other hand, according to the view of the majority of the scholars, the 'Iddah )waiting period( of a woman in Khul’ is like the 'Iddah of a divorced woman. Besides, Khul’ is one irrevocable divorce, so if it is an irrevocable divorce with minor separation, it is permissible for the husband to take back his wife with a new contract and a new dowry – even if this is during the waiting period.
Al-Kaafi,which is a book of the Hanbali School of jurisprudence reads: “In case a woman is given Khul' which counts as one irrevocable divorce, her husband may explicitly or indirectly propose to her, as he is permitted to marry her during her waiting period, because his sperm would not be mixed with another man's sperm ]since the 'Iddah is there so that two men's sperm do not mix[.” ]End of quote[
Allaah Knows best.

- PUBLISHERNajimudeeN M

Fathwa, - She is a new Muslim but got married to an innovator

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Question
Salamalakum, Im a convert and Sunni and I married a Shia. I contracted herpes after the birth of our son when I finished the postnatal bleeding. The dr told me that I got the herpes virus from the person I had sex with which was my husband. My husband denies it although I have caught him texting, talking and downloading porn to his phone. Can I ask for Khul? Now I have moved away from him and live with my kafr family. Life is difficult with them aswell I don't know where to go. Allah help me.
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammadis His slave and Messenger.
First of all, we advise you to be grateful and thankful to Allaah for allowing you to embrace Islam and following the truth. This is indeed a great blessing that requires thankfulness to Allaah.
The best way to be grateful for this blessing is to do whatever helps you to be firm and steadfast in the truth, like seeking beneficial knowledge, performing good deeds and befriending righteous and pious women. May Allaah allow you to do good and make you firm on the truth.
If a woman is harmed by her husband, she has the right to ask for divorce even in return for compensation; this is what is called Khul’. Please refer to Fatwa 89039.
You may seek the help of the Muslims and consult the Islamic centers in your country so that they would help you by relieving you from the harm either through divorce or Khul’, and they would help you to marry a righteous husband after your waiting period expires.
It is appropriate here to refer you to some Fataawa on our site which clarify the ruling of a Muslim woman marrying a man who has a different belief system than her own, so please refer to Fataawa 87880and 135573.
Finally, we have to alert that it is very serious for a man to talk to non-Mahram women and watch pornography, especially with regard to a married man, as the sin in this case is greater.
Allaah Knows best.

- PUBLISHERNajimudeeN M