Dear Sheikh, I am going through a marital crisis.My husband and I have been living apart for almost 3 years, at our own agreement for job and financial security.Recently, my boys and I have moved back in together with him and I have since discovered that he has had Misyar marriage to a non Muslim for the last 2 years whilst away , and their marriage contract due to expire this May. He is also now having another affair with another woman for the last year and due to marry her. This other woman is a Muslim. I have asked him for his evidence/ marriage certificate with the non Muslim , but he said it is in a mosque in another country. I am feeling trapped. We are in constant argument now. He is constantly mentally abusing me and finding my faults. I have received a message from the non Muslim wife of his in which she apologised and said that my husband has tricked her. The other woman also told me that my husband has lied to her about being married initially. I have evidence of his affairs. He does not want to divorce me but our marriage is toxic to the children. Please advise if I can seek fasakh , as I'm not convinced he has married the non Muslim woman as there is no evidence, and he has gone out with the other Muslim woman whom he is not married yet behind my back. I believe these two relationships are sinful. Please advise. Many thanks.

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 is His slave and Messenger.

First of all, you should know that a Muslim is innocent in principle, and it is not permissible to make an accusation against him without evidence. Indeed, Allaah warned us against negative assumptions; Allaah says (what means): {O you who have believed, avoid much [negative] assumption. Indeed, some assumption is sin.}[Quran 49:12]

If you have evidence that your husband has an illegitimate relationship with either of these two women, then you should advise him in a gentle manner and warn him of Allaah's punishment. You should clarify to him that taking lovers [outside marriage] was a matter of the people of Jaahiliyyah (the pre-Islamic era of ignorance) and that Islam has forbidden it. Allaah says (what means): {….not unlawful sexual intercourse or taking [secret] lovers.}[Quran 5:5]

If he repents and cuts his relationship with her, then praise be to Allaah. But if he persists in this, then you may separate from him by divorce or Khul’. The Hanbali scholar Al-Buhooti said: “If the husband abandons a right of Allaah, then his wife is like him in this case (meaning she has the right to ask for divorce just as he has the right to divorce her if she abandons a right of Allaah). It is desirable for her to ask him for Khul’ because of him abandoning the rights of Allaah.” For more benefit, please refer to Fataawa 131953 and 89039.

On the other hand, it should be pointed out that it is not permissible for a Muslim man to marry a non-Muslim woman unless she is from the People of the Book and is chaste. Besides, Al-Misyaar marriage is permissible if it fulfills the conditions for its validity, as we have already explained in Fatwa 120621.

Finally, we did not understand what you mean by saying: "their marriage contract is due to expire this May”. However, if this marriage is temporary, then it is a Mut'ah (temporary) marriage which is invalid. We have already explained this in Fatwa 82221, so please refer to it.

Allaah Knows best.