which mazhab?

AbdalQadir · Dec 22, 2015

came across two answers by gibril haddad -

http://eshaykh.com/halal_haram/convert-required-to-divorce-non-muslim-spouse/

Convert required to divorce non-Muslim spouse?
Posted on December 20, 2015 by Shaykh Gibril Fouad Haddad
Question:

As-salamu ‘alaikum,

An urgent question that has certainly come up again and again, requiring an absolutely authoritative answer, is what is to be done if a married woman accepts Islam but her husband does not.

Let’s say as an extreme example that they’ve been married for fifty years, have ten children together and love each other dearly. The wife has no job skills with which to provide for herself, much less for her children; the husband is ill or handicapped and his wife takes care of his needs. He’s fine with her new faith and lets her practice as she likes and teach it to their children but does not want to accept or commit to it for himself.

What to do? Telling a Muslim woman who is already married to a non-Muslim man that she must divorce him because staying with him is haram, deserves the death penalty and will earn her Hell isn’t the same thing as telling an unmarried Muslimah that their intended marriage to a non-Muslim man is prohibited and will nullify her profession of Islam. Moreover, there are no children involved who love their father and might end up traumatized and hating Islam if it the breakup of the household. Additionally, forcing *already-married couples *to break up would certainly deter many non-Muslim women from converting to Islam, no matter how much they may wish to if it means breaking an existing or possible future marriage.

Please understand that I’m not arguing with Allah Subhanuhu wa T’a’ala. Hasha, God forbid! Rather, I’m just trying to understand how the IslamicShar’iah deals with this specific situation, which is certainly not rare in our time. The website,

https://unity1.wordpress.com/2012/0...riage-if-one-of-the-couple-converts-to-islam/

deals with the issue but I need to know how acceptable this opinion is for Ahl-us-Sunnah wal-Jam’ah. May Allah greatly reward you for any help you can give.

Answer:

Alaykum salam
If there is acceptance on his part and tolerance for his wife’s religion then there is hope for himself eventually accepting Islam. This hope is the basis for validating the continuity of their marriage as in the case of Fatima bint Asad and her non-Muslim husband Abu Talib.

And Allah knows best.

Hajj Gibril Haddad
Click to expand...

http://eshaykh.com/family/marriagedivorce/coerced-divorce/

Coerced Divorce
Posted on December 20, 2015 by Shaykh Gibril Fouad Haddad
As-Salaam alaikum,

I was approached about rulings on a marriage situation and I said that I would look for an answer. Any help would be appreciated.

A couple who are Hanafi, in Pakistan, have a relative here trying to help them with some clarification.

A 26 year old female married a 40+ year old male. After a short time there were family disputes and the male was pressured by his family to pronounce 3 divorces over a period of months (the final talaq in the presence of her family). The girl moved back in with her family, but continued to speak with the man who ‘divorced’ her. Now after the man has distanced himself from the pressure of his family. the couple have moved back in together. (two weeks after the official final ‘divorce’)

Was the divorce legally binding in the first place even though there was there was coercion involved?

Is the young lady and man committing zina even though they, the couple consider themselves married (despite pronouncements)?

Any insight would help,

Answer:

wa `alaykum salam,

If they were both coerced and never had such intention as divorce then their marriage is perfectly valid and the burden of sin and undue interference between a husband and wife is on their families.

Hajj Gibril Haddad
Click to expand...

i'm not sure but i think gibril is supposed to be Shafi3i.

are these the rulings from Shafi3i mazhab?

are they from Hanafi or Maliki or Hanbali mazhab?

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AbdalQadir time to move along! will check pm's.

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AbdalQadir time to move along! will check pm's.

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