She stipulated a condition in her marriage contract that has been invalidated by a change in the law of the land
Question: 4158
Assalam Aleakm Wa rahmat alah wa
brakatah…
My sister came to England for medical treatment.
One of the brothers proposed to marry her.
There were conditions from my sister that he has to be his staying legal
in the UK “i.e.
our agreement based upon this condition”.
The orator has been living in the UK for 13 years.
There is a low saying that “if any one has lived in the UK for 14
years continuously he automatically be granted the UK nationality. After we write the
marriage certificate “according to Islamic low” we founded that the low was not
applicable any more. The wedding did not take place.
My question is the marriage has been canceled.
If we want the marriage to be continued do we have to do a new marriage
with new conditions.
Please reblay as soon as possoble….
Zazak Alah khaure
Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.
Your sister has the right to what she stipulated as a condition, because
of the hadeeth, “The Muslims are bound by their conditions.” If the marriage
contract has been completed, she can ask for an annulment from the sharee’ah judge
(qaadi) – if there is a reliable sharee’ah judge – or from the leader of
the Muslim community in that country. If she wants to stay in the marriage, she can do
that too, and there is no need to repeat or renew the marriage contract. And Allaah knows
best.
Source:
Sheikh Muhammed Salih Al-Munajjid
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