Doubting whether husband was Muslim or not at time of marriage
Fatwa No: 346642

  • Fatwa Date:21-2-2017 - Jumaadaa Al-Oula 25, 1438
  • Rating:

Question

I am a Muslim woman born in a Muslim family. I live in france. Six years ago, I had stopped the prayer during the period before and after my marriage. I got married six years ago to a man who was Buddhist (from a Buddhist family), but he pretended that he wanted to convert or said that he was Muslim (his version changed many times), so I really do not remember if I accepted to marry a non-muslim in a consensual state or if I thought that he was Muslim. (May Allaah forgive me.) In any case, I am sure that I told him that I could not marry a non-Muslim. On the wedding day, we asked him if he was Muslim, and he answered, "Yes." We do not know his true religion because he never prayed in his life, neither before nor after the marriage, and he never fasted or paid zakah. He also knew nothing about Islamic religious practices. The day after the marriage, he physically attacked me and insulted me. The wedding was never consummated. After he stole personal items from me that he resold, we discovered that he is an alcoholic and takes drugs, that he fornicates, and that he makes haram money. I fled, and some time later he was taken to prison for drug trafficking and robbery. One of his friends told me that he asked her to lie to me and tell me that he was Muslim. I do not know if that is true. The people who were present at the wedding were: an imam, my father, my mother, he and his Christian witness, and two neighbors. (I cannot remember if he gave me the money of my bridal gift because I had to lend him money.) One month after our separation, I repented and resumed the prayer. I have been suffering for six years, and I want to free myself from this marriage. And I cannot even ask him for a divorce given that he is in prison and I do not even know where. I do not think that he gave it to me, because he is still harassing me to this day. I hate this man; he disgusts me. I cannot stand it. There is no Islamic center here. I would like to marry a Muslim boy in the future. Please help me. May Allaah bless you.

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 fear Allah and to be keen on obeying Him; the most important way to do that is to establish the prayer.

With regard to your problem, we advise you to refer to the imam who conducted your marriage contract or to an Islamic center in your country and explain the matter to them and then act according to the fatwa that they will issue to you.

There are some details that need clarification. Moreover, they would have more knowledge regarding your legal status there.

As far as we are concerned, we cannot rule whether that man is a Muslim or a non-Muslim, as we are completely unaware of his condition.

Allah knows best.

Related Fatwa