Asking Allaah that the woman he loves be divorced to marry her

27-4-2006 | IslamWeb

Question:

I know a girl who was pressured into marrying her cousin at the age of 16. Family put pressure on her and letter it was realized that the boys family had used black magic to influence the girls parents in giving her hand. The girl sincerely does not like her husband at all and cannot be with him and wishes to get divorced. The family is aware of this and has not let it happen. She knows she can go to the Islamic court but unfortunately does not want to shame her dads name. Even if she did somehow get there by the time anything happens her family will have moved or to Pakistan. She sincerely wants a divorce. She is not very religious but has a very pure heart. Is it wrong for me to do Dua' for her and her husband to get divorced? She would like to marry me and although we have committed sin by meeting before marriage we have sincerely repented and our only wish is to be married Islamicly and to follow this Sunnah of Rasoolallah (S.A.W) and Islam. I am deeply concerned that I do Dua' all the time that Allaah helps her and gives her the divorce and then helps us to get married - is this wrong?

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. We ask Allaah to exalt his mention as well as that of his family and all his companions.

 

It is not permissible for you to ask Allaah that this woman and her husband be divorced; if you do so, you are sinful, as this is supplicating with sin. By continuing this relationship with this woman, you are spoiling her relationship with her husband. It is confirmed that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: “He who spoils the relationship between a woman and her husband is not one of us." [Abu Daawood]. Therefore, you are obliged to repent and cut this relationship with this woman as it is not permissible for a Muslim man to establish an affectionate relationship with a marriageable woman even if she is not married; if she is married, then this is even more forbidden.

The pious and righteous people should endeavour as much as possible to reconcile between this woman and her husband. Then if reconciliation is achieved, all perfect praise be to Allaah, otherwise they could be divorced with kindness, as it is permissible for this woman, since she hates her husband and fears to be negligent about his rights on her, to take the matter to an Islamic court so that the harm will be removed from her (i.e. obtain a divorce for her).

Finally, the following matters should be mentioned:

1-     In principle a Muslim is innocent, so it is not permissible to accuse the family of the husband with magic without evidence.

2-     If we presume that divorce takes place, there is no harm on you to marry this divorced woman, however, it is not permissible for you to endeavour to spoil the relationship between her and her husband.

3-     It is not permissible for a guardian to oblige his virgin daughter to marry someone she does not like, according to the view of the majority of the scholars may  Allaah  have  mercy  upon  them. So, if he obliges her, she has the right either to continue and accept the marriage or invalidate it.

Allaah Knows best.

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