Marriage And Divorce By Shariah law And American Law By Mufti Ammaar Saeed Islamic Shariah Council New York

Marriage And Divorce By Shariah law And American Law By Mufti Ammaar Saeed Islamic Shariah Council New York

Assalaam O Alaikum

Praise Be To Allah

I have been receiving numerous complaints regarding this specific issue since several years and wanted to publically announce and request others to forward to local Imams and Masajids and local Islamic authorities.

Back in Muslim countries, from girl side or boy, anyone planned to marry to someone with the Niyyah to get legal status or residence in USA, the marriage is invalid and HARAM and consider as Major sin and it is consider as adultery with any physical relationship, or any other intention other than pure Niyyah, the marriage is invalid and consider as adultery involved in physical relationship, it is called Zina. It falls in the category of fornication.

 

Quran 67:13-14
وَأَسِرُّواْ قَوۡلَكُمۡ أَوِ ٱجۡهَرُواْ بِهِۦۤ‌ۖ إِنَّهُ ۥ عَلِيمُۢ بِذَاتِ ٱلصُّدُورِ (١٣) أَلَا يَعۡلَمُ مَنۡ خَلَقَ وَهُوَ ٱللَّطِيفُ ٱلۡخَبِيرُ (١٤)
And conceal your speech or publicize it; indeed, He is Knowing of that within the breasts.(13) Should He not know― He that created? And He is the One that understands the finest mysteries (and) is well-acquainted (with them). (14)
اور تم اپنی بات کو چھپاؤ یا ظاہر کرو بے شک وہ سینوں کے بھید خوب جانتا ہے (۱۳) بھلا وہ نہیں جانتا جس نے (سب کو) پیدا کیا وہ بڑا باریک بین خبردار ہے (۱۴)

The marriage is based on pure Niyyah of heart and understanding between couple and with Niyyah to live long term relationship, this is the only way of Halal relationship according to Shariah.

Quran 30:21
وَمِنۡ ءَايَـٰتِهِۦۤ أَنۡ خَلَقَ لَكُم مِّنۡ أَنفُسِكُمۡ أَزۡوَٲجً۬ا لِّتَسۡكُنُوٓاْ إِلَيۡهَا وَجَعَلَ بَيۡنَڪُم مَّوَدَّةً۬ وَرَحۡمَةً‌ۚ إِنَّ فِى ذَٲلِكَ لَأَيَـٰتٍ۬ لِّقَوۡمٍ۬ يَتَفَكَّرُونَ (٢١)
And of His signs is that He created for you from yourselves mates that you may find tranquility in them; and He placed between you affection and mercy. Indeed in that are signs for a people who give thought.
اور اس کی نشانیوں میں سے یہ بھی ہے کہ تمہارے لیے تمہیں میں سے بیویاں پیدا کیں تاکہ ان کے پاس چین سے رہو اور تمہارے درمیان محبت اور مہربانی پیدا کر دی جو لوگ غور کرتے ہیں ان کے لیے اس میں نشانیاں ہیں (۲۱)

An Imam has to perform Nikah properly according to Sunnah to make the relation begin with declaration verbally and signed documents in the presence of witnesses.

In America, Muslims has to go thru exact procedure in order to begin a Halal relationship according to Shariah.

Marrying in American courting system is not Islamic and the Marriage is invalid and consider as Haram and Zina. Because we testify our faith to worship One God, The Creator by following the book of guidance, The Holy Quran. Marrying in American court system contradicts our testimony of faith and it goes against commandments of Allah, the relationship begin by American Family Court or court marriage is invalid and it is not consider is Marriage, it falls in the category of Haram and act of Zina, adultery and as it falls in category of major sins, it has extreme punishment of Allah and those who fear Allah’s anger will not take any step that goes against Quran.

Similarly, in the case of divorce, if the couple is married according to Shariah traditional Sunnah method, but then approached American Family Court System and file petition, either wife against husband or vice versa to get declaration certificate of court system or thru attorney. This type of proceedings and receiving declaration certification of divorce from American Family Court is not consider as divorce according to Shariah, and the couple is still consider as married according to Shariah, until the proper Quranic law has been applied by uttering the word of Talaq to wife.

Even if Talaq is uttered by husband, one time or three times at once, yet it is considered as one and then she has complete iddah timeframes and this last for few months until the third time Talaq uttered by husband completes the process of Talaq according to Shariah and the wife becomes Haram.

If the couple living in America, and had received declaration certificate of divorce from American Family Court, the relationship is still Halal and there is no Talaq according to Shariah. A husband of course is allowed to marry more wives according to Shariah.

In the case of wife, if the American Family Court issued declaration certificate of divorce, she is still married according to Shariah and she is not allowed to remarry until her husband release her thru Islamic proceedings going to thru iddah timeframes. If she remarry, it falls in the category of Haram and act of Zina, adultery and as it falls in category of major sins, it has extreme punishment of Allah and those who fear Allah’s anger will not take any step that goes against Quran. If she is living in America, and looking to remarry new husband, she has to get declaration of Talaq from local Islamic Shariah Council. It is great and major sin and has extreme punishment of Allah, if she hides or lies. Those who fear Allah, will not go against Quran.

Muslim women especially, in order to remarry, must have to have local Shariah council declaration of Talaq certification or Khula certificate completed its procedure.

There are many cases in America, many men and women go back to their countries to get married, but then back in other countries. Men and women marry with a plan to come to America and then file for divorce and get freedom.

In some cases, boy goes to back in country to marry a girl, but when she comes to America, after sometime she involves with someone in America and find a way to get release from husband and accuse her husband on minor issues and then there minor issues leads them to American Family Court and there is more disaster, when the court issues OP (order of protection, restraining order), this causes more damage to family than reconciling.

This type of planning is Haram and this marriage is consider as invalid, because it was not based on Shariah of pure sincerity rather it was planned to move to America and then move out of relation.

In some cases, girls goes to back in country to marry a boy, but when the boy comes to America, after sometime he involves with someone in America and find a way to get release from wife and accuse his wife on minor issues and then there minor issues leads them to American Family Court and there is more disaster, when the court issues OP (order of protection, restraining order), this causes more damage to family than reconciling.

This type of planning is Haram and this marriage is consider as invalid, because it was not based on Shariah of pure sincerity rather it was planned to move to America and then move out of relation.

Muslims are obligated to report with local Muslim authorities, Imams, Masajids or Organization or Shariah Councils to be alert from frauds and those who are misusing others to get legal status in America, and sometimes it happens even among close relationships like cousins or close relatives and after arriving in America after sometime their behavior and attitude changes and no more respect, due to misusing the power of American Law, unlike back countries that they can do whatever they want as there is no strict laws.

Advice, always check background multi connections before marrying, don’t be a victim.

Please forward this those who live in America to be alert and do not be victim.

May Allah protect Muslim from trials, Ameen
May Allah bless Muslims with His mercy, Ameen

JazakAllah Khair

Allah’s Humble Servant

Mufti Ammaar Saeed
muftiammaarsaeed@gmail.com
WhatsApp Text 1-917-400-4420

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