Question ID: 17878
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Assalamualaykum

A Maulana arranged my marriage.

Subsequently I discovered that the woman’s marriage had been annuled by the English Courts and this annulment could not be proven to me to have been acceded to by the ex husband either in writing or verbally. He was only present in court and stated that he had no intention of challenging the court’s decision to annul after which he disappeared abroad.

It cannot be categorically proven that a Talaq took place or that a panel of scholars dissolved the marriage.

There is also the issue that even IF the court annulment, in his absence, was valid as per Shari’ah, then this only took place in the middle of March and my Nikah was at the end of June. At one point the Nikah was proposed to be earlier than the end of June. This means that there was no iddah.

When I asked the Maulana who arranged our marriage to clarify these glaring anomalies, he said that the openness of the girl’s father before the marriage and his willingness to confidently provide him with reputable Ulama’s names meant that there was no need for him to ask any further questions on the matter. Maulana argued that he had done nothing wrong as per Shari’ah because at some point you have to place reliance on someone and the analogy he gave was: “Do you ask your mum to prove that this is your dad?”

Furthermore, he stated to me that on subsequently assessing the paperwork properly, which he had not done initially, he concluded that there was zina, but not by us, but by the ulama who said that the English Court’s annulment was valid and therefore we could both go on living together in the knowledge that on the Day of Qiyamah it would be the Ulama responsible and not us.

From behind purdah he says he told my wife that there was no need to worry, there is no zina, but he did not mention that there was zina by the Ulama who authorised that she could get married.

I asked the Maulana, why he had not mentioned what he had said to me, i.e. “There is zina by the molvis, but not by us.” He replied that your father in law and your wife are incapable of understanding intricacies of masail. The only mas’alah she knows in Shari’ah is about purdah, even though she is an Alima. She doesn’t know anything else.

His obfuscation in the matter has caused much grief because my wife and father in law consider me to be causing unnecessary pain, when in reality other Ulama have now stated that the questions I have raised as a lay person are entirely valid.

My questions to you however are:

1. When a girl is divorced or allegedly divorced, was it sufficient for the Maulana to take the father in law’s word for it? (The father of the girl is obviously not lying but he could be mistaken in understanding what he was told).
2. Is the analogy that he gave me, i.e. “Do you ask your mum if this is your dad” a valid analogy to give in this situation? Is it relevant to this situation?
3. Is it true that in a case such as the one mentioned above, the Maulana is right, i.e. that the responsibility for the zina is upon the Molvis who said she is free to marry and not upon us as the couple, and we would not be responsible on the Day of Qiyamah? (Even though I subsequently discovered potential issues, which I felt needed to be put right)
4. Was it correct for the Maulana to tell my wife that there is no zina but not tell her the second part of his opinion, which is, that from the paperwork he saw there is zina, but not on our part?
5. Would this failure to provide them with a full explanation not constitute deception on his part in that he should be foreseeing that this presenting of half an opinion may result in a major dispute between wife, husband and in laws?

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Asked on October 23, 2015 9:33 am
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Private answer

The Moulanas explanation is not sufficient.
The annulment by an English court is NOT valid.

1) No.
2) No.
3) No.
4) No.
5) Yes.

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Answered on November 5, 2015 4:44 pm