I converted to Islam for my husband but we never had nikah only got married through the courts. We also have a one year old son. What should I do?

I converted to Islam for a man who I thought was in love with. We got married through the court after knowing each other for only 3 months and have been ?married? for almost the past four years. At the time I didn?t know that was wrong but after reading further about Islam I now know that we are not married according to Islam and therefore living in a haram way. On top of this we had a son a year ago. I?ve tried explaining to my husband that we need to do nikah but he says Allah Ta?ala knows we are married and doesn?t come with me to the masjid. My question is what will happen to my son? Me? My relationship? My husband? Is it wrong for me to leave my husband if I am no longer in love with him? My husband and I fight a lot and I just think we rushed into the marriage and now I want to get out. Please advise?I?m happy I converted to Islam but I?m not sure what to do, I ask for forgiveness almost every day but I?m very confused.

Answer

May Allah Ta?ala reward you for your concern for the Deen.

The truth of the matter is that you are not married to your husband from the perspective of Islam. It is essential that both of make nikah immediately. At present both of you are living in sin. It is therefore important to save yourself from the punishment of the hereafter.

You need to have a serious talk with your ?husband?, and explain to him the gravity of the situation. If for some reason he does not want to go to the Musjid, then the nikah may be performed at home. You should get two reliable male witnesses, and in their presence he can say that he is making nikah with you, and you should reply that you have accepted. In this way at least the nikah will be valid, and the two of you will not be living in sin.

If your ?husband? does not want to make nikah, then it would be necessary to leave him. Since he is not your husband Islamically, there is nothing wrong in leaving him. In fact it would be compulsory to do so.

Now once the two of you make nikah, you should endeavour to be a good wife and do your utmost to save the nikah. The fact that you have a son is all the more reason why you should try to make the marriage work.

Continue to make lots of Dua, in your own language, and pour your heart out before Allah Ta?ala. Insha-Allah you will eventually see the good effects of your Duas. Your sincere crying will never go unanswered. Be sure of this. We too make Dua that Allah Ta?ala grants you happiness.

and Allah Ta’ala Knows Best

Ml. Imraan Vawda
FATWA DEPT.

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