Wants to know his obligations towards an invalid marriage Fatwa No: 92687
- Fatwa Date:11-1-2007
I got to know a 46 year old widow over the internet in the middle of Ramadhan. When i realised that we were not compatible i told her that i wanted to finish writing to each other, to which she agreed despite saying that she was in love with me. I felt that it was not love but rather something mentally not quite right with her. This woman then travelled from the UAE and asked for assylum in the UK. She asked me to help her, as a freind, which i did. She was held in an immigration detention centre. I found a lawer for her who managed to get her out on bail while her case was being studied. Once she was free a friend of mine allowed her to live in his mum appartment. A day after she started telling me that she came to the UK specially for me because she loved me, although before she said she was coming to do a phD. Then she told me she was going to commit suicide. for 2 hours over the phone I tried to convince her not to do it. (this was on Saturday night). She kept saying you do not love me so there is no reason to live. I ended saying i love you. So she wanted me to marry her the same night. I said tomorrow (Sunday). I was terrified of her committing suicide. On sunday we met and she said let us get married. I said we need an imam and 2 witnesses but she said she does not need an imam or witnesses as she has already told her family back in Jordan and that she can marry herself to me. So we went through the process of marriage just the 2 of us. On Monday i went to see a solicitor who is dealing with her case and asked if i had any responsibility for her in case she commits suicide. She said no, so i went i called her on the phone and told her 3 times that I divorced her. Now, she is saying I am responsible for her needs, as she is in idah. Please tell if this marriage is hallal or not? if not, what do I do to repent? What are my responsibilities towards her? I have married her under lots of pressure, which she planned meticulously. Thank you
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. We ask Allaah to exalt his mention as well as that of his family and all his companions.
It has become very clear to you now how dangerous and serious it is for men and women to correspond through the internet. We have already issued Fatwa 84932 clarifying this; therefore you should repent to Allaah for doing so.
Furthermore, you should know that any marriage contract which lacks the conditions of a valid contract, like the consent of the guardian and the presence of two witnesses, and the like, is an invalid marriage contract, and a Muslim should not accomplish it while knowing that it is a void contract. For more benefit, please refer to Fatwa 83629.
According to what you mentioned in the question, what happened between you and this woman is not considered as a valid marriage, rather it was fornication. You committed fornication while knowing that the consent of the guardian and the presence of two witnesses are conditions for the validity of the marriage contract, and if there are any children from this act, they will not be traced back to you because they are born as a result of Zina. Therefore, both of you are obliged to repent to Allaah but you do not have any obligations towards this woman, like spending on her and the like.
Finally, it should be noted that if you can seek the help of some brothers who are running the Islamic centres to look into her matter and solve her problem, then this is good.
Allaah Knows best.