Wants to marry a man who married another woman just to bring her to his country
Fatwa No: 131281

Question

Salam Ayalkum, A brother has recently converted to Islam by the grace of Allah. We would like to get married and his and my family agree to this marriage. The problem is that before he even knew what Islam really was and meant he married a woman so she can come to this country. he did this as a favour for his family as she is a family friend. They did not get married religiously only by government. We want to get married for the love of Allah and to be halal to each other. Can we get married without the written contract for now? Just until the lady comes here and they can get divorced. how do i ask the sheikh at the mosque do this for us?. Also we don't want a party or anything like that because it has nothing to do with Islam and we only want to make our Iman stronger by being married. If it is possible, can you also please pick a date for us to get married. I would like the counsel of Allah through you to choose our marriage date. I thank you and May Allah (swt) shower his blessing on you.

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 Muhammad is His slave and Messenger.

 

The Islamic marriage is a marriage that fulfills specific conditions, the most important of which are the consent of the guardian and the presence of two witnesses. Therefore, if this man married you an Islamic marriage, then you have become his legitimate wife even if he did not authenticate the marriage contract as we mentioned in Fataawa 83629 and 81385.

The marriage contract does not need any particular rituals; rather your guardian and the husband may go to the mosque so that the Imaam of the mosque conducts the marriage contract.

As for the wedding, if it does not include prohibitions, like mixing between men and women, women not wearing Hijab, musical instruments, then this is permissible; rather, it is desirable. ‘Aa’ishah narrated that the Prophet said: "Announce this marriage, make it in the mosques, and play the duff (when making it public).” [At-Tirmithi and Ibn Maajah]

Moreover, ‘Aamir ibn Sa’d narrated from Qarathah ibn Ka’b Al-Ansaari and Abu Mas’ood Al-Ansaari said: “The Prophet gave us permission for amusement in marriage.” [An-Nasaa’i] Besides, ‘Aa’ishah prepared a woman as a bride for a man from the Ansaar, and the Prophet, the Prophet said: "Haven’t you got any amusement (during the marriage ceremony), as the Ansaar like amusement?, and another narration reads: “Why did you not send a maid with her to play the Duff (a tambourine-like instrument without bells) and sing (Islamic songs)?” [Al-Bukhari]

As regards what you mentioned about that man’s marriage to that woman according to the law, if you mean that it is a false marriage without any marriage contract, then this is not a marriage at all and the matter does not need a divorce from the Islamic perspective, unless he wants to avoid any problems resulting from violating the laws of the country, then this is another matter.

Concerning the date of marriage, then we cannot determine for you a specific date, but marriage is a good act and it is better to take the initiative to conduct it as soon as possible. For more benefit, refer to Fatwa 84130.

Allaah Knows best.

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