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Post by Hasinah on Nov 30, 2005 20:09:29 GMT
Assalamu 'Alaykum wa Rahmatullahi wa Barakatuhu
I had a question regarding my sister. She got married in Pakistan in 2004, so due to the fact her husband doesnt have a visa he is staying in pakistan while we are applying for him here in states. Well its been nearly 2 years, is this marriage still a marriage? My sister got married to him and came back 1 week or so laterto states, and spent little to no time with him...
Another question, shes wanting to go to college 200miles abt (3-4hr drive ) away from home, and is planning on moving with our brother. Since in islam it says a lady cant be gone for more than 3 days w/o a husband etc etc. is this allowed? I think im just taking what is said to the extreme, i was just carious...
Allah Hafiz
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Post by Imam on Dec 4, 2005 1:03:48 GMT
Bismillahir Rahmanir Raheem Wa'alaykum 'Assalam wa Rahmatullahi wa Barakatuhu Praise be to Allah the Almighty who is the Lord of the Universe, and may Endless Blessings be showered upon His Beloved Last Prophet of Islam (Salla Allahu ta'ala 'alayhi wa 'aalihi wa Sallam)[/i] Jazak'Allah for your question sister. In Islam, when the nikah is done, the man makes a pledge to the woman that he accepts her, and the woman also accepts this. Now this pledge remains intact, until, and until when the man does not fulfil the rights of the woman (out of all the rights that he owes to her), and as a last resort, will give her a divorce, known as 'talaq'. Until this 'talaq' is not effective, that woman remains in the posession of the man, and vice versa, the only way to void the marriage is by the method mentioned above. Although your sister has applied for a visa for her husband nevertheless, he is at no obligation to fulfil her rights as they are so far away. Yes, as far as financial help is concerned, he does have a right to provide her with money, if he has the means to do so. However, it is anticipitated, that your sisters husband will soon arrive in the United States, as it was intended for him to be with her. Does the condition fail, then other ways of re-uniting with her husband may be sought. As far as 'talaq' is concerned, then your sister does not have a genuine enough case to submit this, as I am stating to you, and any other Islamic court will mention to you, that no action is considered appropriate, until he arrives into the United States. As far as the college issue is concerned, then maybe it is in her interest that she enrols at a college so far away, as no other college nearby may have the means of providing her, with the course that she wants to do. However, if there is, then your sister and your brother need to be wise enough, not to move so far away from home, as this sometimes could lead to things that are no good! In such a case, it may become your responsibility to tell both your brother and sister, that they need to be closer to home, and not so far away, because of the reason given above. It is true that a woman should not be gone from home for a lengthy period of time, especially if you are married. But I think youngsters of that age are normally at more risk than married people themselves! If she is gone, then she must be guarded by a 'mahram', in other words, with a person to whom you would not normally marry, e.g. your son, or brother, or uncle, or grandfather etc. I hope this erases some of the doubts that may have been shown by yourself, and I pray to Allah the Almighty, that he safeguard all our brothers and sisters, from all types of evil in society, in this world, and the next world. (Amin).Wallahu A'lamu Biththawaab M. Waseem Ashrafi
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