Home » Hanafi Fiqh » Askimam.org » What should a girl do who has been a victim of deceit in marriage?

What should a girl do who has been a victim of deceit in marriage?

Answered as per Hanafi Fiqh by Askimam.org

What if a girl is married to a man who at the time of marriage claims that he is single, but afterwards it comes to knowledge that he already has a wife and a child. The first wife was a non-Muslim and the husband claims to have convinced her to revert back to Islam. What should the second wife do keeping in mind the fact that she has also borne a child.

Answer

The details of your question regarding the first wife is not clear. You state she was a non-Muslim ? what religion did she follow? If she was a Christian or Jew, then his Nikah to her was valid and she is his Islamic wife. If she is not a Christian or Jew, then his Nikah to her was invalid until she reverted to Islam before the marriage. If she did not revert to Islam, then his Nikah to her was invalid and she is not his Islamic wife.

In such a situation, from a technical point of view, his claim of being single was correct. Nevertheless, in the context of marriage, the technical argument does not serve its purpose as the girl wanted to marry a person who has no intimate contact with any other woman. The man deceived his wife and committed an act of hypocrisy. The girl too should not have been naïve and believe whatever the man claimed. She should have made her own investigation. That is crucial in today’s times knowing the deceit and falsehood has become so common and rampant. Nevertheless, the girl is facing a situation of deceit from her husband and neglect from her part. Now is the time for damage control. If she comes out of the marriage, she has a child from her husband. If she lives on, he has another woman. If she is a Muslim, then her Nikah to him is also valid.

She should consult with her seniors and consider her options and what cause of action is lesser of the two evils ? breaking the marriage and harming the child by being brought up by a single parent or maintaining the marriage and undergoing the pain of sharing her husband. If she can sacrifice her life and emotions for the sake of her child, being nurtured by both parents, she will be greatly rewarded by Allah, Insha Allah.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

Original Source Link

This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

Read answers with similar topics: