Invalid Marriages, - * Ruling on getting married and divorced on paper in orderto have residency in a kaafir country.

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What is your opinion about a person who falsely divorces his wife, i.e. formally having the divorce contract, without saying the word of talaaq actually to her? This enables him to marry a European woman in order to get a residency. Then he will divorce the European woman and return his first wife to him afterwards. What is the ruling on this matter?.
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Praise be to Allaah.
Firstly:
Marriage is a serious covenant and it is one of the most important rulings of sharee’ah, by means of which intimacy becomes permissible and rights such as the mahr (dowry) and inheritance are proven, and children are attributed to their father, and other rulings.
By means of divorce, a woman becomes haraam for her husband and is deprived of inheritance, and she becomes permissible for other men to marry, subject to well known conditions. Our aim in explaining all this is to alert the Muslims to the necessity of not using these two contracts in ways other than that which has been prescribed by Allaah, and not using them as tricks. We have seen – unfortunately – men who will marry a woman not so that the intimacy with her which was forbidden becomes permissible, and not so as to form a family with her – as is the aim of the shar’i contract – but so as to attain some worldly purpose, such as registering land, or getting a licence to open a business, or to get residency, or to enable the woman to travel outside her country. In none of this cases is the man a husband or the woman a wife in the real sense, rather he is a husband on paper only! It is not more than ink on paper. This is a kind of toying with the rulings of sharee’ah. It is not permissible to do it or to take part in it, and it is essential to try to stop it when the aim is to achieve some haraam purpose, such as the one who does that in order to get residency in a non-Muslim country.
The same may be said with regard to divorce. It is a shar’i ruling and it is not permissible for anyone to take it lightly or to toy with its rulings. They call that a divorce on paper.
These people should all realize that they are sinning by doing this. Allaah has not prescribed marriage and divorce so that the wife might be a name on the contract with no rulings and rights. They should realize that the rulings come into effect merely by virtue of the contract being done, if the conditions and essential parts of it are fulfilled, and that if any of these are missing it is invalid, and that divorce from the husband takes place if the words are merely uttered. There is no such thing in sharee’ah as marriage on paper and divorce on paper. The sin is further compounded if it is done in order to do something that is haraam in the first place, such as one who uses it to avoid giving people their rights or paying debts to them, or if a woman uses it to get help given to divorcees by a state or institution, or so that she can live in a non-Muslim state where it is not permissible for her to reside, and other invalid, haraam aims.
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said:
The Lawgiver forbids treating the Verses (Laws) of Allaah as a jest (al-Baqarah 2:231) and forbids a man to speak of the Verses of Allaah which are binding contracts except in a serious manner as they are meant to be. Hence it is forbidden to take them lightly and or to marry a divorced woman in order to divorce her so that it will be permissible for her to go back to her first husband. This is indicated by the verse in which He says (interpretation of the meaning):“And treat not the Verses (Laws) of Allaah as a jest” [al-Baqarah 2:231], and by the words of the Prophet (peace and blessings of Allaah be upon him): “What is the matter with people who toy with the sacred limits of Allaah and make a mockery of His verses (laws), (and say), I divorce you, I take you back, I divorce you, I take you back?” It should be understood that toying with them is haraam. End quote.
Al-Fataawa al-Kubra(6/65).
Based on this:
If a man marries a woman who is permissible for him, and it is done in accordance with the conditions prescribed in sharee’ah, with the essential parts being fulfilled and in the absence of any impediments, then it is a valid marriage with all that that implies.
If a man divorces his wife verbally, it counts as a divorce, even if he does not intend it as such.
As for a written divorce that is not uttered out loud, that is subject to further discussion as explained in the answer to question no. 72291.
Secondly:
Marrying that European woman for the purpose of obtaining residency and then divorcing her is a haraam action. We have quoted the fatwa of Shaykh ‘Abd al-‘Azeez ibn Baaz prohibiting such actions in the answer to question no. 2886. This applies if he marries her without fulfilling the conditions of marriage, such as if he marries her without a guardian, or if there is any impediment to the validity of the marriage, such as if she is a zaaniyah who has not repented, or she is not one of the people of the Book (i.e., Jewish or Christian), in which case marriage to her is haraam and is invalid.
If he marries her in a marriage that fulfils all the necessary parts and conditions, and is free of any impediments, then his marriage is valid with all that that implies, but his intention is forbidden.
Thirdly:
These reprehensible actions of obtaining a divorce paper for the first wife and marrying another woman for the purpose of obtaining residency, then divorcing her, include two other things that are haraam:
1 – Trickery, lying and giving false witness, because it is deceiving the state and tricking it in order to obtain nationality, which is haraam.
2 – He wants to do the divorce and marriage on paper in order to get residency in a kaafir country, but in our religion it is forbidden to settle among the kuffaar unnecessarily, because of the great danger that this poses to one’s religious commitment and morals, and to the individual and the family.
It was narrated from Jareer ibn ‘Abd-Allaah (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “I disavow any Muslim who settles among the mushrikeen.” Narrated by Abu Dawood (2645) and classed as saheeh by al-Albaani inSaheeh Abi Dawood.
What we advise our brothers to do is to fear Allaah, may He be exalted, with regard to shar’i contracts and not to use them as means to worldly ends, and to refrain altogether if the purposes are haraam. They should fear Allaah with regard to their wives and children, and think about the great hardship that their actions may lead to, or the deprivation of rights and other negative consequences that may result from doing these contracts in this corrupt manner.
And Allaah knows best.

Comedy

நபர் – 1: ஹோடேலில் சாப்பிட்டுவிட்டுப் பார்க்கிறேன்,
கையில் காசு இல்லை…..
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நபர் – 2: அய்யய்யோ…
அப்புறம் என்ன பண்ணுனீங்க?..
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நபர் – 1: அப்புறம் பாக்கெட்'ல இருந்து எடுத்துக் கொடுத்துட்டேன்….

Marriage Contract, - * Is it permissible for the father of the girl to prevent her husband from sitting with her after the ‘aqd (marriage contract)?

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I have done the marriage contract with a girl, and we have agreed that the wedding party will be in one year’s time for financial reasons, but her father completely refuses to let me be alone with her, even for a few moments, to talk or just to sit. Is it permissible for him to prevent me from sitting and being alone with her on the basis of custom and tradition? What should I do?.
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Praise be to Allaah.
The marriage contract has three pillars or essential parts: the proposal, acceptance, and consent of the wife’s guardian. The proposal is issued by one of the two parties first of all, indicating what he wants of forming a contract. It is call ijaab which means commitment. The acceptance is issued second by the other party, indicating that he agrees to what the first party has proposed. This is called acceptance because it indicates consent to what the first party has proposed.
If this is done in the presence of the wife's guardian and with his consent, then the marriage contract has been completed and the woman has become his wife and he has become her husband. There result from this contract a number of shar’i implications, which are:
1. It becomes permissible for each of the spouses to enjoy intimacy with the other.
2. The dowry which is mentioned in the contract becomes obligatory, if he consummates the marriage with her or if he is alone with her in the shar’i sense and in such a way that he would be able to have intercourse with her, or if he dies before consummating the marriage or being alone with her. She becomes entitled to half of the amount as a result of the contract if he divorces her before consummating the marriage or being alone with her. If he did not state an amount for the dowry, then upon consummation or if he dies or if he is alone with her, she becomes entitled to a dowry like that of her peers, such as her sisters and female cousins.
3. It becomes obligatory on the husband to spend on the wife's maintenance, such as food, clothing and shelter. This does not become obligatory upon the husband until after he has consummated the marriage with her, because these obligations are in return for intimacy and her living under his care.
4. Any children are to be attributed to the husband if the marriage has been consummated or if he has been alone with her in the shar’i sense.
5. The right of inheritance is established between the spouses, if one of them dies, whether the husband has consummated the marriage with his wife or not.
6. The in-laws become mahrams, which means that the ascendants and descendants of the husband become mahrams for the wife, and the ascendants and descendants of the wife become mahrams for the husband, according to the explanations of the scholars.
From what we have mentioned with regard to the consequences of marriage, the answer to the question is known, which is that it is permissible for both spouses to enjoy intimacy, such as touching, kissing and so on, with the other as soon as the marriage contract is done.
In the answer to questions number 74321and 13886there was a discussion of the things that are permissible for the one who has done the marriage contract with a woman, even if he has not yet consummated the marriage with her.
But it is permissible for the guardian to be strict with regard to being alone with her -- which means closing the door, drawing the curtains and especially intercourse -- because of the problems that may result from that before the marriage is announced. One spouse may die or divorce may occur, which would result in bad consequences for the woman in the event that she is pregnant or has lost her virginity.
In the answer to question no. 3215, there is a discussion of this issue, which we hope you will read.
If we add to these problems that which happens a lot of negligence concerning this issue before consummation and moving to the marital home, namely the way people view these matters and their customs and traditions which do not accept this kind of relationship except after consummation of the marriage in the marital home that has been prepared for that, then this is something to be taken into consideration with regard to protecting honour and lineages. The husband should pay attention to this matter and think with his head, not with his heart, and he should understand the effects of this if death or divorce were to occur. He should remember that he definitely would not accept that for his daughter, and by the same token people do not accept that for their daughters. We think that this is the best solution and the middle way between going to extremes and being careless with regard to this matter.
And Allaah knows best.

Comedy

காதல் எங்கே பிறந்தது என்று தெரியுமா?……
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சீனாவுல தான் பிறந்தது…..
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