Invalid Marriages, - * Her husband reviles Islam and does not pray, but if she gets divorced from him, she will be forced to work and take off her hijab

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I have been married for thirteen years to a husband who is thirty years older than me. The problem is that from the first day, we have not got on at all. I have thought of divorce, but I have three children. I was not religious before, but now – praise be to Allah – I never miss any prayer and I am raising my sons in Islam. Even though we are living in Belgium, praise be to Allah my children speak Arabic well. The problem is that my husband never prays, not even in Ramadan, and he has never entered a mosque in his life, and he always reviles Islam. By Allah, I am fed up with this life, but if I get divorced I will be forced to go out to work and take off my hijab. I have not let him be intimate with me for two months, since I read your fatwa on this website. Now we are living in one house, but it is as if he is not here; we do not speak and we do not sleep in the same room.
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Praise be to Allah.
If your husband reviles Islam and does not pray, then it is not permissible for you to stay married to him, because the one who reviles Islam is a disbeliever according to scholarly consensus, and the one who does not pray out of laziness is also a disbeliever, according to the more correct of the two scholarly opinions.
If the marriage contract was done at a time when the husband was not praying or when he was reviling Islam, then the marriage was never valid in the first place.
If the status of disbelief came after the marriage contract, and the husband continued in his disbelief until your ‘iddah ended, then you are completely separated from him, and you are not permissible for him except with a new marriage contract, on condition that he repent and come back to Islam.
Based on that, it is not permissible for you to let him be intimate with you or to be alone with you; rather he is a non-mahram to you. Complete separation does not depend on him issuing a divorce (talaaq); you are not permissible for him whether he issues a divorce or not.
Now you have two options:
1. To live with your children in the same house that this husband is living in, on condition that you be separated completely from him and that there be no risk of intimacy occurring, and that you tell him that you are not permissible for him, and that intimacy with him when he is still behaving this way is haraam;
2. To become completely independent and to look for work and accommodation. Undoubtedly this is better and safer for you; perhaps when you look you will find permissible work where you will not be forced to take off your hijab.
If the problem is a choice between taking off the hijab and staying with this husband who is not permissible for you, and there is the fear that you may commit forbidden actions with him, then taking off the hijab is less serious, but we hope that you will not be forced to choose one of these two options and that Allah will bless your husband by enabling him to repent and mend his ways, or that you will find a job where you do not have to take off your hijab. There are many ways of earning a living, such as teaching children in your house or their house, or working as a seamstress or typist or translator, or working in an Islamic centre, even if you have to move to another city, or you could go back to a Muslim country.
Keep asking Allah may He be exalted, and beseeching Him, and do a lot of righteous deeds.
We ask Allah to grant you relief and to take away your worry and distress, and to protect you and your children.
And Allah knows best.

Invalid Marriages, - * What is the ruling on marrying a Jewish or Christian woman who is pregnant from a previous relationship?

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I am living in Portugal and I am Muslim, praise be to Allah. I have a question about marrying a non-Muslim woman (one of the People of the Book – Jewish or Christian) who believes in the existence of God, and she is pregnant from a man who did not marry her.
Is marriage to her valid, and does she have to observe ‘iddah like a Muslim woman?
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Praise be to Allah.
Firstly:
In order for marriage to a Jewish or Christian woman to be valid, it is stipulated that she should be chaste, because Allah, may He be exalted, says (interpretation of the meaning):
“(Lawful to you in marriage) are chaste women from the believers and chaste women from those who were given the Scripture (Jews and Christians) before your time, when you have given their due Mahr (bridal money given by the husband to his wife at the time of marriage), desiring chastity (i.e. taking them in legal wedlock) not committing illegal sexual intercourse, nor taking them as girl-friends”
[al-Maa’idah 5:5].
What is meant by “chaste women” in this verse is free (i.e., not slave) and chaste women from among the People of the Book. It is permissible for a Muslim man to marry them.
But if the woman is not chaste, then it is not permissible to marry her, regardless of whether she is Muslim or Jewish or Christian, until she repents.
Shaykh ‘Abd ar-Rahmaan as-Sa ‘di (may Allah have mercy on him) said: As for immoral women who do not refrain from zina (unlawful sexual relationships), it is not permissible to marry them, whether they are Muslim or Jewish or Christian, until they repent, because Allah, may He be exalted, says (interpretation of the meaning):“The adulterer marries not but an adulteress or a Mushrikah…” [an-Noor 24:3].
End quote from theTafseerof Shaykh as-Sa‘di (p. 221)
Based on that, it is not permissible for you to marry the woman mentioned, because the condition of chastity is not fulfilled in her case.
For more information, please see the answer to question no. 33656.
Secondly:
If a woman is pregnant from marriage or an illicit relationship, it is not permissible to marry her until her ‘iddah ends. The ‘iddah ends when her pregnancy ends, based on the report narrated by Abu Dawood (2185) from Ruwayfi‘ ibn Thaabit al-Ansaari (may Allah be pleased with him) who said: I heard the Prophet (blessings and peace of Allah be upon him) say: “It is not permissible for any man who believes in Allah and the Last Day to pour his water on the crop of another man (i.e., have intercourse with a pregnant woman).” Classed as hasan by Shaykh al-Albaani inSaheeh Sunan Abi Dawood
Based on that, if that woman repents from zina (illicit sexual relationship) and becomes chaste, then it is permissible for you to marry her after the end of her ‘iddah, which is when she gives birth. The same conditions are stipulated for marriage to a Christian woman as are stipulated for marriage to a Muslim woman, namely the permission of her guardian and the presence of witnesses, as has been explained in the answer to question no. 159297.
What has been explained above regarding this issue has to do with the shar‘i ruling. However with regard to advice, our advice is that a Muslim should not go ahead with such a marriage, firstly because there is no guarantee that this woman will not go back to her previous way of life, having illicit relationships. Moreover, marriage to a Christian or Jewish woman will have an impact on the religion and character of the children and of the husband in most cases. So refraining from such a marriage is preferable and safer.
Since even in marriages to chaste Jewish and Christian women there have been real-life negative consequences and problems, which would make a wise man hesitate and ask himself a hundred and one times before going ahead with such a marriage, then how will it be if the situation is as you have described? In that case you will have combined two troublesome matters. We ask Allah to keep you safe and sound.
And Allah knows best.

General Articles, - * If the husband disappears with out a trace, who is obliged to spend on his wife?

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What should a wife do if her husband has abandoned her but she wants to remarry? By this, I mean that a husband has disappeared without a trace and has been gone for a year. He has not left any maintenance for her. Are his family obliged to pay the maintenance? In any case, the wife now wants to remarry but how can she when she can't divorce him because he is missing?
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Praise be to Allah
Firstly:
If the husband is missing, in other words, if there is no word of him and his whereabouts is not known, then the wife should go to the Islamic judge, who can stipulate a specific time period, after which he may be presumed dead, according to whatever he sees fit. If that time period expires without any trace of him being found, then the judge may rule that the husband is presumed to have died, and his wife should observe the ‘iddah of one whose husband has died, which is four months and ten days. After doing that, it will become permissible for her to remarry.
But if the wife knows where he is, and he has forsaken her for this length of time, then this comes under the ruling on eelaa’ [a vow on the part of the husband who is able to have intercourse never to have intercourse with his wife, or not to have intercourse with her for more than four months]. In that case, the wife or her guardian should contact him, or refer the matter to the judge, who may force him to return to her, then if he refuses to do so, the judge may separate them by means of one divorce (talaaq) or annulment of the marriage.
For more information, please see the answer to question no. 178188.
Secondly:
Maintenance of the wife of a man who is absent or missing is due from her husband’s wealth during the period of his absence, and during the waiting period stipulated by the judge for the missing person to return.
If the husband left some wealth in his wife’s possession, then she may take from it what she needs for her maintenance, on a reasonable basis.
If his wealth is not in her possession, or he does not have any wealth, then she should refer the matter to the judge.
Regarding this issue there is a difference of opinion among the fuqaha’. The view that seems most likely to be correct is that the judge should order that her maintenance be paid for from the husband’s wealth if there is any such wealth, or he may give her permission to borrow money to spend on her own maintenance, then if it becomes clear that the husband has died, what she spent after his death is to be regarded as being part of her inheritance, because she is not entitled to maintenance from him after he dies.
Inal-Mawsoo‘ah al-Fiqhiyyah(50/41), it says: The fuqaha’ differed regarding the imposition on the husband of the wife’s maintenance, or the like, if he is absent.
The Maalikis, Shaafa‘is and Hanbalis are of the view that the wife’s maintenance must be paid for from her husband’s wealth, whether that is imposed by the judge at the wife’s request or otherwise. That is because of the report from the Messenger of Allah (blessings and peace of Allah be upon him) that he said to Hind, the wife of Abu Sufyaan: “Take (from his wealth) enough to suffice you and your children on a reasonable basis.” In this instance, the Prophet (blessings and peace of Allah be upon him) was making it obligatory for Abu Sufyaan to spend on his wife’s maintenance, although he was not present at that time.
Among the Hanafis there are two views regarding maintenance being obligatory upon a husband who is absent:
The first view is that the judge may oblige her absent husband to spend on her maintenance, so long as she requests that, because the problem is with the husband, and the wife should not be deprived of her maintenance. This is the view of Abu Hanifah, initially, and it is the view of an-Nakha‘i, because of the hadith of Hind mentioned above.
The second view is that the judge cannot impose maintenance, even if the wife requests it, and even if the judge knows that they are a married couple, because when the judge imposes something on one who is absent, it is like passing judgement against him, and the Hanafis have clearly stated that it is not permissible to pass judgement against someone who is absent, unless there is someone present who can defend him. In this case, there is no one who can do that. This is the final view of Abu Haneefah and it is also the view of Shurayh.
All of this applies if the husband is absent and there is no accessible wealth that he left behind.
But if he left behind some accessible wealth, then it is either in the possession of the wife or someone else.
If the wealth is in the possession of the wife, and is a kind of wealth that may be spent on her maintenance, then the Hanafis are of the view that she may spend on herself without instructions to that effect from the judge, because of the hadith of Hind, the wife of Abu Sufyaan, referred to above.
If the wealth is in the possession of someone else, and is a kind of wealth that may be spent on her maintenance, then the Hanafis differed about the wife taking her maintenance, on the instructions of the judge, from her husband’s wealth that is in the possession of other people, whether the husband left that wealth behind as a trust or it is owed to the husband by those people. There are two views:
Ibn Nujaym said: If he had no wealth at all, and she asked the judge to allocate some maintenance to her, then in our view the judge should not listen to this case and ask for proof, because it is like passing judgement against someone who is absent. But according to Zafar, the judge should listen to the case (and to the wife’s proof), but he should not pass judgement concerning the marriage, and he may issue instructions that maintenance be given to the wife from the husband’s wealth.
If the husband has no wealth, the judge may instruct her to borrow money, then if the husband returns and confirms that he is married to her, the judge should instruct him to repay the debt. End quote.
Ibn Qudaamah (may Allah have mercy on him) said: If the wife spends on herself from her absent husband’s wealth, then it turns out that he died before she began to spend on herself, then what she spent should be worked out and deducted from her inheritance, whether she spent it on her maintenance on her own initiative or on the instructions of the judge. This is the view of Abu’l-‘Aaliyah, Muhammad ibn Sireen, ash-Shaafa‘i and Ibn al-Mundhir, and I do not know of anyone who disagreed with them, because she spent that which she had no right to spend.
If there is anything left over (of the inheritance, after deducting what she had spent on her maintenance), then it is hers. If her inheritance did not cover it all, and she is entitled to the second part of the mahr (dowry), or her husband owed her a debt, then it will be counted as part of that maintenance. If she has nothing like that, then the difference (between her inheritance and what she spent on her maintenance) becomes a debt that she owes. And Allah knows best.
End quote fromal-Mughni(8/208).
Conclusion:
The wife should refer to the shar‘i judge if her husband has gone missing or is absent, and he has not left any wealth in her possession, so that the judge can issue a decree that she is entitled to maintenance, or he can give her permission to borrow money.
It is not permissible for a woman to remarry unless the judge issues her a divorce or issues a ruling that the missing husband is to be presumed dead and she observes the ‘iddah of one whose husband has died.
If this is in a non-Muslim country where there are no shar‘i courts, then the Islamic centres take the place of the shar‘i courts, so the wife should refer her case to them, so that they can investigate the matter, and their ruling concerning it is like the ruling of a judge. After that, she may go to the civil court in order to obtain official papers only, not to get the ruling,
And Allah knows best.

Rulings on Marriage, - * It is not permissible for a woman to marry her slave, according to the consensus of Muslim scholars

Is it permissible for a woman to have intercourse with her slave?
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Praise be to Allah
That is not permissible; rather it is an evil deed according to the
consensus of Muslim scholars, whether that is within the framework of
a marriage contract or otherwise, because she is his mistress or
owner.
Ibn Qudaamah (may Allah have mercy on him) said:
It is haraam for a slave to marry his mistress. Ibn al-Mundhir said:
The scholars are unanimously agreed that marriage of a woman to her
slave is invalid. Al-Athram narrated, with his isnaad from
Abu'z-Zubayr, who said: I asked Jaabir about a slave marrying his
mistress, and he said: A woman came to 'Umar ibn al-Khattaab, when we
were in al-Jaabiyyah. She had married her slave, and 'Umar rebuked her
and thought of stoning her, and he said: He is not permissible for
you.
If a woman owns her husband [i.e., if he is a slave or she bought him,
for example], her marriage becomes invalid. End quote.
Al-Mughni(7/113)
With regard to the words "It is permissible for a man to be intimate
with his slave woman whom he owns, by having intercourse and
otherwise, and it is not permissible for a woman to be intimate with
her slave, by having intercourse or otherwise," this is an example of
the perfect nature and wisdom of sharee'ah, because the master is in
charge of his slave, in control of him and owns him, and the husband
is in charge of his wife and in control of her, and she is subject to
his authority and control, somewhat like a prisoner. Hence the slave
is not allowed to marry his mistress, because of the contradiction
between his being her slave and her husband, and between her being his
mistress (owner) and his wife. This is something that is well-known on
the basis of common sense and rational thinking to be abhorrent, and
Islam, which is the wisest of all ways, is far above allowing such a
thing. End quote.
I'laam al-Muwaqqi'een(2/66)
Az-Zayla'i al-Hanafi (may Allah have mercy on him) narrated that there
was consensus on the invalidity of a slave's marriage to his mistress.
See:Tabyeen al-Haqaa'iq(2/109)
It says inal-Mawsoo'ah al-Fiqhiyyah(23/46-47):
If the owner is a woman and the slave is male, she has no right to be
intimate with him or to let him be intimate with her, and he has no
right to do any such thing. Rather he is haraam for her, and she is
haraam for him, whether she is single or married. Al-Qurtubi said: The
scholars are unanimously agreed on that. End quote. If she wants to
marry him, she is temporarily prohibited for him, i.e., so long as he
is her slave. So if she manumits him or sells him, it becomes
permissible for her to marry him, subject to the conditions of
marriage. Ibn al-Mundhir narrated that there was scholarly consensus
on the invalidity of a woman's marriage to her slave, and that it is
haraam to engage in intercourse and the things that lead to it, such
as kissing, embracing, touching and looking with desire. End quote.
Shaykh Ibn Baaz (may Allah have mercy on him) was asked:
In the case of a slave woman, it is permissible for her master to have
intercourse with her, but is it permissible for a slave to have
intercourse with his mistress, with her permission, because Allah, may
He be exalted, says (interpretation of the meaning):"except those
(captives and slaves) whom your right hands possess" [an-Nisa' 4:24]?
He replied:
That is an evil deed. Rather this applies only to men. Allah, may He
be exalted, says (interpretation of the meaning):
"And those who guard their chastity (i.e. private parts, from illegal
sexual acts)
Except from their wives or (the captives and slaves) that their right
hands possess, for then, they are free from blame"
[al-Mu'minoon 23:5, 6].
What is meant here is slave women. The master has the right to be
intimate with his legitimate wife and his legitimate slave woman whom
he owns in a legitimate manner according to sharee'ah. But in the case
of a male slave, it is not permissible for him to be intimate with his
mistress, or to kiss her or have intercourse with her. This is an evil
act according to the consensus of Muslim scholars. He does not have
the right to be intimate with his mistress, by intercourse or
otherwise. Rather he is to serve her by doing what she instructs him
to do, and she does not have to observe hijab in front of him, but he
is not a mahram for her.
And Allah knows best.