Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
I am divorced from my husband, who married me for a green card. I am american and he is arab. At the time I didn`t know that is what he wanted, and I had a son. Now we are divorced islamicly and he wishes to stay married legally so he doesn`t get deported.
My question is if I stayed married to him legally so he can stay legal in the states to be with his son, can I marry someone Islamicly? I don`t have any paper showing I am divorced even though my iddah is over. I wish to marry someday, is it possible without the father of my son getting deported? I am torn I can answer to Allah for the divorced, but how can I answer to Allah if the legal divorce takes a father away from his son?
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Married for green card
In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.
Respected sister, the Shariah divorce which you have obtained from your husband, and the non-disclosure of the divorce to the authorities of the land are two distinct issues and absolutely unrelated to each other.
If a Shariah divorce has been established between you and your husband, and you have fulfilled the waiting period of ‘iddah’, you are well within your rights in Islam to seek to marry any eligible believer of your choice.
The non-disclosure of the divorce to the authorities of the land is a ‘legal’ issue of the land…..if you are required by the law of the land to disclose the divorce, and you intentionally chose not to disclose the truth; not only could such a non-disclosure have legal repercussions in the land you live in, but it would be considered a lie, deceit, and fraud in the Sight of Allah Subhanah…..and it simply would not behove and befit the character of a believer, who sincerely fears Allah and the Last Day, to lie or to deceive or practice fraud.
Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 135:
135 O ye who believe! Stand out firmly for justice as witnesses to Allah even as against yourselves, or your parents, or your kin, and whether it be (against) rich or poor: for Allah can best protect both. Follow not the lusts (of your hearts) lest ye swerve; and if ye distort (justice) or decline to do justice verily Allah is well-acquainted with all that ye do.
Respected sister in Islam, it is not the legal status of your ex-husband in the land which is responsible for taking a father away from his son….but the bitter truth is that it was the decision of divorce of the parents which is responsible for taking the son away from one of his parents!
Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.
Your brother and well wisher in Islam,