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She is a new Muslim but got married to an innovator

Question

Salamalakum, Im a convert and Sunni and I married a Shia. I contracted herpes after the birth of our son when I finished the postnatal bleeding. The dr told me that I got the herpes virus from the person I had sex with which was my husband. My husband denies it although I have caught him texting, talking and downloading porn to his phone. Can I ask for Khul? Now I have moved away from him and live with my kafr family. Life is difficult with them aswell I don't know where to go. Allah help me.

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

First of all, we advise you to be grateful and thankful to Allaah for allowing you to embrace Islam and following the truth. This is indeed a great blessing that requires thankfulness to Allaah.

The best way to be grateful for this blessing is to do whatever helps you to be firm and steadfast in the truth, like seeking beneficial knowledge, performing good deeds and befriending righteous and pious women. May Allaah allow you to do good and make you firm on the truth.

If a woman is harmed by her husband, she has the right to ask for divorce even in return for compensation; this is what is called Khul’. Please refer to Fatwa 89039.

You may seek the help of the Muslims and consult the Islamic centers in your country so that they would help you by relieving you from the harm either through divorce or Khul’, and they would help you to marry a righteous husband after your waiting period expires.

It is appropriate here to refer you to some Fataawa on our site which clarify the ruling of a Muslim woman marrying a man who has a different belief system than her own, so please refer to Fataawa 87880 and 135573.

Finally, we have to alert that it is very serious for a man to talk to non-Mahram women and watch pornography, especially with regard to a married man, as the sin in this case is greater.

Allaah Knows best.

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