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Fatwa CenterHe is in love with his maternal uncle's wife
Question
Salam alai kum, I am a bachelor in love with wife of my maternal uncle since his marriage 13 years back. Till recent I kept those to myself but 1 year back our relations grew closer. She got to know about my feelings etc and she too accepted me. She has been suffering since marriage as it had taken place for keeping the word of her mother. She has two children. Her husband lives in abroad. Her husband tortures her mentally and whole of our family is well aware of it. Many times they asked her to divorce him but her husband refuses and says that he won't till he dies and loves to see her suffer. Because of some old family issue before marriage. She has to follow every word of him sometime unethical also. Doesn't permit her from meeting her family etc. If she disobey's he punishes her by being brutal while making love with her. He comes every six months and every time she has either of her hands or fingers fractured. Even the children who are just 9-5 yrs old don't want him home. The behaviour of this person with children and other people is damn good. He can't bear even a unknown person in trouble. But opposite with wife. All consultation of my elders have gone in vain. I wish to start my life with her. And she too wishes the same. I am well aware that none of my family shall support either of us. Please help me on this. Jazak Allah khair
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, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
If this woman’s husband is treating her the way you described in the question, then he is a harsh husband whose actions run counter to the kindness and compassion that Islam enjoins on married couples. The husband is enjoined to live with his wife in kindness and to be good to her. Please refer to Fataawa 85308 and 88304.
However, if she does not wish to remain married to him, then she can refer her case to a legitimate judge to relieve her of the harm inflicted upon her and divorce her. If you are not the cause of her divorce, and her husband actually divorced her, and her ‘Iddah (waiting period) ended, then you may marry her.
Allaah Knows best.
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