Question:
Asalamu Alaykum Wr. Wb.
My Shaykh, I wish to marry a revert Muslima. Her ex husband married her with the intent of getting a Green Card, and when she became pregnant he insisted on aborting the child. Alhamdulillah she didn’t do so, and now is the mother of a beautiful boy.
She says they have divorced, and he says they haven’t. This leaves me confused. I turn to you, kindly, inform me if this Nikkah was valid in the first place considering his only intent was to get immigration from this marriage. I came across her after praying for a wife, and seeing this dream.
JazakAllah Khair.
Answer:
`Alaykum Salam,
If living in Western country the let her file for divorce. If no cohabitation for 9 months and neither party wants to, then Mawlana Shaykh Nazim (Allah bless his secret) said marriage is cancelled. Short of this the marriage still stands and remains valid.
Hajj Gibril Haddad