His wife married him to become lawful to her ex-husband Fatwa No: 266416
- Fatwa Date:17-9-2014
I married a woman about 4.5 months ago.she decievingly married me for the purpose of halala, showing that the marriage was real.I was unaware about the purpose.After having intercourse for two nights she demanded divorce saying that she cannot fullfil my desire for her and consented me to marry another woman.i confused why she was demanding for divorce because for first night she wanted for intercourse and tried to please me physically and mentally as well.I refused to divorce.Then her attitude towards me turned into rude and she began to torture me mentally so that I may divorce her with my own consent.she dramatically showed to all my family that she was unhappy due to me and left me after one week of marriage.I went her home for resolution but she along with her family blamed me and insulted me saying that she cannot live with me for whole life.after investigation and consequences I derived the result that purpose was halala.But i did not give her divorce neither i established any relation with her.I have no proof of her first marriage,but if she demands seperation in the court upon her will, either halala is completed or not or she forces me to take her home due to the reason that in Islam a couple cannot live seperately more than 4 monts.What can I do or defend myself.?
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.
Your question is somewhat ambiguous, but in any case, if we presume that your wife married you with the intention of Tahleel (making herself lawful to her ex-husband), then this does not harm as the intention of the wife is of no effect in this matter.
Now, if she asks you for divorce without a sound reason, you are not obliged to accept to divorce her and you also are allowed to divorce her in return for money that she pays to you or for her renouncing some of her rights like the delayed dowry, for instance.
For more benefit, please refer to Fatwa 89039.
In case of dispute between the two of you, you should take the case to an Islamic court, if available, or to what can substitute it, such as Islamic Centers.
Allaah Knows best.