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Husband's brother disapproves of his wife

Question

I have been married under Czech law with a Muslim for 2 years. During that time I converted to Islam. So, we considered to do the marriage also under law of Shariah but suddenly his parents did not want us to do that.
They argue that I am not of the same origin as my husband - this is the main problem they say. Some months ago I was in my husband's family house. I spent a month there and I realized they are very nice and good people and Muslims, and they were also pleased with me. His father said that it would be OK. Now, my husband's elder brother has the problem with my origin. My husband and I was very much love each other and we both want to be together, have a family and there was no problem between us until now. I always try to support him in belief and pray for our future. What should I do? My husband went from our flat when the brother said that to him. Now he want us to divorce. Husband is still in contact with me; I know that he also agonizes about that as I do. He does not want to counter his brother despite the fact he is going against the law of Allah. In fact, he also does not know what he should do. Now, I do not feel sure about what I have to do. I would like to be with my husband and would do everything for that, but he is not so strong enough to go against his brother's will. I considered waiting to see if his belief would be stronger. I plead for help of Allah, pray for right guidance for my husband, and hope that we will be together again. Is that right? Or should I divorce him? (To be honest, such a solution I cannot even imagine...).

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

If the marriage contract you and your husband concluded, while you (the wife) were still Christian, before you became Muslim, fulfilled the conditions of a valid marriage; i.e., if you were chaste at that time, then your marriage was valid. As for the pre-conditions that are not regarded in the Sharee’ah, such as giving you the right to divorce him, or the like, then they are of no value.

The conditions of a valid marriage in Islam are the presence of the guardian of the woman or his consent, the presence of two witnesses, the Mahr (bridal money given to the woman).

For more benefit on the conditions of a valid marriage, please refer to Fatwa 83629 and 86755.

Now, if you were not from the People of the Book (Christian or Jew), or you were not chaste before marrying him, or if any of the conditions of a valid marriage was not fulfilled, then your marriage is null and void.

However, if your marriage was not valid according to the above and you want to be the wife of this man, now that you have become Muslim, then you should make a new contract that fulfills the conditions of a valid marriage in Islam.

On the other hand, it is unlawful for this elder brother to compel his younger brother to divorce you, if the marriage you did before you became Muslim was valid. It is also unlawful for him to prevent his brother from marrying you if the first marriage was not valid.

In fact, the reason he gives for his demand is baseless. There is no discrimination in Islam. Allah Says (what means): {O mankind, indeed We have created you from male and female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is the most righteous of you. Indeed, Allah is Knowing and Acquainted.} [Quran 49:13]

Abu Hurayrah  may  Allaah  be  pleased  with  him narrated that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: “A woman is married for four things: for her wealth, her family lineage, her beauty and her religion. So choose the religious one, you will prosper.” [Al-Bukhari and Muslim]

The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) also said: “Allah, Most High, has removed from you the pride of the Pre-Islamic Era of Ignorance and its boasting in ancestors. One is only a pious believer or a miserable sinner. You are sons of Adam, and Adam was created from clay. Let the people cease to boast about their ancestors. They are merely fuel in Hellfire; or they will certainly be of less account with Allah than the beetle which rolls dung with its nose.” [Ahmad]

So, we advise you to try to convince this man not to accept this pressure from his brother. You can seek the help of some righteous people who could act as intermediaries between you and him and could talk to his brother and family warning them against interfering in marital relationships.

Indeed, Islam forbids interfering in such relations except for the purpose of strengthening them.

But if you cannot convince this man and his family to pursue in this relation, and you come to the conclusion that this man wants divorce and separation, then you have no right to prevent him from doing so. Allah will surely compensate you with a better husband as anything you give up for Allah's Sake, Allah compensates it with something better. Allah Says (what means): {…and it may be that you dislike a thing which is good for you and that you like a thing which is bad for you….} [Quran 2:216]

Allah also Says (what means): {And whosoever fears Allah and keeps his duty to Him, He will make a way for him. And He will provide him from (sources) he never could imagine. And whosoever puts his trust in Allah, then He will suffice him.} [Quran 65:2-3]

Allah knows best.

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