My parents arranged my marriage when I was 15. I came from Pakistan and was very naive and innocent. I lived with my husband for 2 years and was in a very violent relationship. I left him whilst not having much knowledge about Islam as I was only 17 at the time. I didn't see him for two years and didn't know where he was. I remained here as my family didn't want me to return to Pakistan because it would bring shame to family. I applied for civil divorce not knowing that I should have applied for Islamic divorce as well as there was no one to guide me.

Whilst I was still waiting for my civil divorce to come through I met someone who proposed to marry me. I was living on my own in isolation without any family, not able to speak English and no one to guide me. We had our nikah done just before my civil divorce was finalised. It has been a number of years since we have been married. as I went on to study Islam I became more and more conscious about the validity of our nikah. I am not able to sleep and constantly cry over this issue and ask Allah for forgiveness day and night.

I don't know what to do in this situation, where to go. I want to know if this marriage is valid and if not how can we make it valid without going public.

  • I think - but this is a rough lead more than anything else - that what matters in modern times is your civil state, i.e. whether you are legally married according to the country you live in. The idea should be something like marriage is a legal construct that guarantees you certain rights, and thus if it isn't legally recognized, it doesn't fulfill its purpose and can't be considered valid in sharia. Maybe someone knows details of whether I recall this correctly, and if so, how much recognition that argument enjoys among orthodox scholars. – G. Bach Jul 28 '16 at 23:23
  • I think to give a hint about validity: We need to know the exact way of the civil divorce has been made. For talaq your husband needed to say it (maybe with witnesses). In your case you could have asked for divorce by court: faskh and in worst case also a khula' are possible. If there's no similarity to any of them I'm afraid your 2nd marriage is invalid. – Medi1Saif Jul 29 '16 at 5:20
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    I'm voting to close this question as off-topic because its asking for a verdict on whether a real life marriage is valid or not. Islam.SE is not a fatwa site, please consult an Islamic court in person, they will ask for more information and clarification and investigate any claims. – UmH Mar 10 '18 at 17:52

Logically, if it is all true what you described, then repentance and "kaffarah" should suffice. Although ignorance is no defense in man-made law, it does however, absolve one of sinfulness in religious law. Allah would not punish those who have not received the message of Islam and Oneness of Him by any means.

Precisely relating to the situation narrated by the questioner above. She may get consolation from Verse 16 of surah Al Nisa (4). Which says " Allah relents to those who commit sin in ignorance but then immediately resort to Him for forgiveness" Thanks

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  • Try adding references to support your arguments. – Seeker Mar 6 '17 at 6:25
  • Although my point of view expressed is based on a thorough reading of various sources, a Hadith, however, may be pertinent in this case. Where the prophet (PBUH) said that Allah will be soft on the ignorant and illiterate in punishment than in the case of Scholars and learned people. Ignorance of the Implications of Islamic Laws, therefore, can be taken as a blessing in disguise as long as it is not wilful. Thanks – Shakir Mumtaz Mar 7 '17 at 16:37
  • we appreciate your time this community, but you should mention references for your statement, – Seeker Mar 8 '17 at 4:08

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