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Fatwa CenterMarried while not knowing her rights in an Islamic marriage
Question
Asalamu allaikum! When I got married to my husband, I was Christian. Nobody told me about my rights and duties of an islamic marriag. Three weeks later we officially married in Egypt, so my husband could stay in germany.Half a year later I converted to Islam alhamdullilah! We always had problems in our marriage and even more since I converted, because I saw how little my husband actually lived afyer Islamic rules. After five years I can't stand this marriage anymore and we are separated since one and a half years now. Is a marriage under these circumstances, that nobody told me about my rights and duties of an islamic marriage, valid? Nobody ever told me how I in such a case could get divorced or which meaning the mahr has, since I never got it. When we married in the Mosque, the question arrised, what he would give as mahr, and my husband said they should note a ring, so it said something in the contract, but he never had intentions of giving me anything nor have I ever got anything from him.Under these circumstances, is the marriage valid?
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, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
First of all, we thank and praise Allaah Who guided you to Islam and we ask Him to make you firm and steadfast on His Religion until the Day you meet Him.
We advise you to seek beneficial knowledge, perform good deeds and befriend righteous and pious women; these are the best things that help a Muslim woman remain steadfast on her religion.
You should know that there are some conditions that must be met for the marriage contract to be valid. For more benefit, please refer to Fatwa 83629.
If we presume that this marriage is void –and this is a controversial issue –because it took place without the consent of a guardian, as it appears from the question, then this marriage should be invalidated or divorce should take place. Being separated from him is not sufficient and it is not considered a divorce as we clarified in Fatwa 82732.
You should not remain separated like this; rather you should take the matter to an Islamic court or an Islamic centre in your country –since you are residing in a western country –so that it will study the matter and issue appropriate rulings.
As regards the dowry, it is a condition that it should be known and defined. In case the dowry is not specified, then you are entitled to a dowry of women of the same social status like you.
Therefore, if what really happened is that in the marriage contract, a ‘ring’ is mentioned but it was not specified whether it is a golden or silver ring and the like, then the dowry was not defined, and in this case you are entitled to a dowry of women of the same social status like you.
Allaah Knows best.
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