'' Our Lord ! grant us good in this world and good in the hereafter and save us from the torment of the Fire '' [Ameen]
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{in Arab} :->
Rabbanaa aatinaa fid-dunyaa hasanatan wafil aakhirati hasanatan waqinaa 'athaaban-naar/-
(Surah Al-Baqarah ,verse 201)
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QuestionAs Salam 'alaykum. I was married in the Sharia Court of UAE to a UK national as per Islamic law. This marriage lasted 36hours and he left saying there was a work related emergency and he would be back in 3 weeks-which never happened. During the next 2months he kept making excuses, probably with no intention of coming back. A lot of factors lead to the realization that he was a liar who had broken my trust along with my family's. That’s when I approached the Sharia Court. All efforts for reconciliation were made, but to no avail. I told him I wanted a divorce and was fed up of all his lies. He said I should make the relevant papers and send it to UK and he would sign it, but never gave me any address to do the same. During the numerous calls made by me, he always had some excuse. This continued for almost 3months. Realizing he had no intention of disclosing his address, finally the courts accept my application of Khul. As per procedure, international calls were made to notify him to attend hearings )which he never responded to( notices at different intervals were printed in the local Arabic & English newspaper. I called him and told him what I was doing. At times he avoided accepting my calls, like he couldn’t speak, as someone was in front and at other times he said if that's what would make me happy, to go ahead. Finally, over the next 3months of hearings, the judgment was passed, giving me the Khul, after questioning my witness who were my brothers )the same at the time of my nikha( I would like to inform you also that I was never given any Mehar, as he had promised to give the same once he got back to UK nor had he spent a single Dhiram for the wedding or any gifts for me. 5 years have passed with no contact at all, with me in UAE and he in UK )and I do'nt know if he thinks I was lying about it all( Now I have met a man who I would like to marry. Will this marriage be valid in the eyes of Allah )swt(
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.
If the situation is as you mentioned in the question that the Islamic court ruled and granted you Khul’, then the relationship between you and your previous husband is finished, so it becomes permissible for you to marry another man after the expiry of your waiting period. If such marriage takes place fulfilling the conditions of a correct marriage, among which is the consent of the guardian and the presence of two witnesses, then the marriage is correct.
For more benefit on the conditions of a correct marriage, please refer to Fatwa 83629.
It should be noted that a woman or her guardian should not consent to the marriage without asking about the religion and good moral conduct of the man who proposes. Being lenient in this matter may lead to unpleasant consequences.
Finally, it should be noted that you should perform the Istikhaarah prayer, as Allaah Knows the outcome better.
Allaah Knows best.
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NajimudeeN M
NajimudeeN M
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