Woman remaining with husband who refuses to accept Islam
Category:
According to Madhhab:
Reference:
Question:
In the
localities,there are lots of woman,who are married for many years.
Alhamdulillah,Allah
Ta'ala guided them and they became Muslim.
However their husbands
aren't Muslim. The husband's say they need sometime to think about it. The
husband's don't prevent them from doing any religious duty.
At times the
husbands,even go to the Masjid to read Salaah.
They don't go to the
church.
Because these women
are from poor backgrounds,they cannot leave their husbands.
If they are told,its
wrong what you doing,you'll should seperate,they say then we'll leave Islaam
What should we do?
Answer:
The Fuqaha have written that if a woman reverts to Islam whilst her husband is still a Kaafir then the Muslim judge will present Islam to him, and if he rejects Islam then the Muslim judge will separate the two of them. This separation is categorised as a Talaaq-e-Baa’in according to Imaam Abu Hanifa and Imaam Muhammad Rahimahumullah, whilst Imaam Yusuf Rahimahullah considers it as separation without Talaaq. Re:- Quduri pg.589 Bushra print
Based on the above, if the couple continue living together they will be living in sin, hence a separation is necessary if the husband is not willing to accept Islam. However, the Tablighi brothers or the Ulema in the area should encourage these men to accept Islam since they are attending the congregational Salaah, and inclined towards the Deen and further their wives are already Muslims. It is just a matter of now believing in the oneness of Allah Ta’ala together with the Risaalat of Rasulullah Salallahu Alaihi Wasallam. There is hope that with a little encouragement they too will embrace Islam with the Taufeeq and assistance of Allah Ta’ala.
The men should also be informed that since their wives are already Muslim it is necessary that they too embrace Islam so that the wife is not considered to be a sinner in Shariah. By embracing Islam, they will be embracing the true Deen which will grant them eternal salvation and at the same time they will be assisting their spouses in adhering to the Commands of Allah Ta’ala.
And Allah Ta'aala knows best!
ANSWERED BY: Mufti Mohammed Desai
CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B
Date: 09 Safar 1440 English Date: 19 October 2018
