My friend got married in Pakistan (Lahore) on January 4th 1984, He left the very next week to USA with his wife and lived there together for 7 years the couple had 3 daughters. In 1991 the family moved to Pakistan the husband remained in USA for the business. The family wife and three daughters started having problems with the in-laws (though they were living separately in a different house. Mostly the differences started on financial support and small family matters. Finally the wife had fight with the husband and as a result the wife (she is a Muslim Pakistani with British nationality) went to USA and filed dissolution of marriage (under the pressure of her relatives) the husband tried to makeup but all in vain. On January 30th 1997 the court at San Francisco USA dissolved the marriage. Husband received this ruling of the judge with his signatures. Witnessed by others. In 1999 the husband got married to another divorced woman and has a son with new marriage. The daughters of first wife are of the age 18, 16 and 15, they all want their mother to live with their father again (they still live with the mother at Lahore) 1st wife also wants reconciliation, the husband says I never divorced as per Islamic law and I never said ?I divorce you?, this was her decision and it does not constitute a divorce from me. He is sure that she is still his wife and the certificate issued by the US Court has not effected the marriage. Now very kindly let me know;
In the case mentioned here, there is no reason at all why the wife can’t go back to her husband because she (the wife) was never divorced by her husband. She can, by all means, go and live with her husband. Allah Ta’ala says: ?And if you divorce them before you have touched them, and you had even determined a dowry for them, then half of what you determined is due to them, unless those women make remission, or he in whose control is the marriage-bond (of maintaining and dissolving) forgo (his right). And this, that you males forgo, is nearer to piety. And do not forget to act benevolently among yourselves. Truly Allah is Observant over all that you do.? (Surah Baqarah, Aayat 237)
With regards to the certificate issued by the US court, it has not affected the marriage in any way as a non-Believer cannot render a Muslim’s marriage void. The non-Believers do not have authority over Muslims nor Islamic Law. Allah Ta’ala says: ?These (Hypocrites) wait to see what comes upon you. So if victory comes in your favour from Allah, they say (to you Muslims) that: “Were we not with you;” and if some fortune goes in favour of the disbelievers, they say (to them) that: “Were we not just about to gain mastery over you, and (did we not) defend you against the believers?” Allah will pronounce judgement between you and them on the Day of Judgment. And never will Allah give a way to the disbelievers against the believers.? (Surah Nisaa, Aayat 141)
and Allah Ta’ala Knows Best
Mufti Muhammad Ashraf
Darul Ifta ? Jamiat Mahmoodia, Springs
JOINT PROJECT WITH DARUL IFTA, MADRASAH IN?AAMIYYAH, CAMPERDOWN