Question of Law

[Wulf]

:salam2:

I, like many of you, live in a Secular society rather than a Theocracy, where there are laws in place that may, or may not, converge with Islamic belief systems.
Whereas there is an obligation to obey these laws, providing that they are not in conflict with Sharia law.
My question is, if one, who is living in a secular society, is married under that society's Marriage Act or Legislation, was to marry a second time, without the benefit of Divorce under that Legislation, such is called Bigamy, a crime.
How then does a Muslim marry a second time without breaking the Law, even if they are separated from the first marriage but not Legaly Divorced.
Okay, my reasoning is obvious, but I do not know how much longer i can continue living alone without Adult company, when the only people that come to my home are children, my Daughter's friends.
I admit that there is a struggle with the personal moral aspect of this. But my Daughter does need Adult Female Guidance and example in her life.

Thank you for your input. It will be most apreciated.

W'Asalaam

Ibrahim Abdullah

 

[Aapa]

Salam,
I came across several articles about marriage on www.islamonline.nethttp://www.isalmonline.net. Please read those articles. The reason I am suggeting this is the articles discussed
marriages in Australia. Once again it is important to discuss this with the Imam of the masjid. Remember, in many cases children are removed from the home if the secular law takes precedence; often it would be adviasble to retain an attroney.

 

[ibn azem]

:salam2:

At the moment I could find this fatwa brother:
​

Marriage according to sharee’ah but not the law of the land​

Question:
If you get married in islamic law but not in the states eyes, and have relations with the one you married is that adultury.

Answer:

Praise be to Allaah.​

If you get married according to the law of Allaah and His Messenger, it does not matter if the whole world of man-made laws disagrees with that. She will be your legitimate wife and you can have relations with her whenever you wish – this is not considered to be haraam or adulterous. How could it be, when you have married her according to the sharee’ah and it has become legitimate for you to have intercourse with her by the word of Allaah! This ruling is also of benefit to anyone who may wish to marry more than one woman in countries where polygyny is forbidden by jaahili man-made law. And Allaah is the Source of strength.

​

Islam Q&A
Sheikh Muhammed Salih Al-Munajjid

 

[Wulf]

:salam2:
Most interesting. When I click on the link a page opens. A site for the sale of Catholic religious items.

 

[ibn azem]

:salam2:
Most interesting. When I click on the link a page opens. A site for the sale of Catholic religious items.

:salam2:

I saw that brother, and I edited it and gave the proper adress now!
-------------------------------------------------------------------
@ Mirajmom: please see and correct the website adress you put the link, and this is the second time!
Thank you!

wasalaam.

 

[Aapa]

Salam,

forgive me for the error the correct address is:http://www.islamonline.net/english/index.shtml

 

[ibn azem]

:salam2:

No problem insha'Allah sister!

wasalaam.

 

[Wulf]

:salam2:

I am researching the Australian Marriage Act. I am considered by some as being something of an authority on Civil Divorce in this country, but I have never studied the actual legal defininitions of marriage and what constitutes Marriage, Bigamy and Poligamy in Australia.
Actualy it turns out that there is no Legal definition of marriage. Only an exhortation that marriage is between one Man and one Woman for life. Three out of Five marriages seem to forget this.

I do know that the Child Protection Act, under the juridiction of Childrens Services, would not come into effect unless there is proven cases of Abuse, both physical, sexual, and emotional. There is no other criteria for their action other than Child Abandonment or exposing a minor to Moral Danger.

I have no illusions about me ever getting married again. But with the help of Allah (swt) anything is possible, according to His will.

I will let you know what my research turns up, if only to help others.


Ibrahim Abdullah

 

[virtualeye]

AssalaamuAlaikum,

Brother Ibrahim Abdullah????
Are you?




Wassalaam,
VE

:salam2:

I am researching the Australian Marriage Act. I am considered by some as being something of an authority on Civil Divorce in this country, but I have never studied the actual legal defininitions of marriage and what constitutes Marriage, Bigamy and Poligamy in Australia.
Actualy it turns out that there is no Legal definition of marriage. Only an exhortation that marriage is between one Man and one Woman for life. Three out of Five marriages seem to forget this.

I do know that the Child Protection Act, under the juridiction of Childrens Services, would not come into effect unless there is proven cases of Abuse, both physical, sexual, and emotional. There is no other criteria for their action other than Child Abandonment or exposing a minor to Moral Danger.

I have no illusions about me ever getting married again. But with the help of Allah (swt) anything is possible, according to His will.

I will let you know what my research turns up, if only to help others.


Ibrahim Abdullah

 

[Wulf]

:salam2:

It would apear that there is no impediment, in Australia, to a person entering into a relationship with another while still married to one.

The only time that Bigamy enters into the equation is when a person seeks to formalise a marriage type relationship, while still legaly married to another, using deception, in which case the matter is treated as fraud.
If, while still married, a person enters into a second relationship, separate and apart from the first, the new spouse is reffered to as being that persons "Partner" until such time as the first relationship is annulled and the second is formalised under the Marriage Act.

After a period of time, even if the new relationship is not formalised under Law, the new partner enjoys all of the rights and privilages of a person who is legaly married, with a possible exception of the rights of inheritance should their partner die intestate.
If the person is a Citizen or has Permanent Residency in Australia, these rights also extend to Social Security benifits for themselves and any children.

As to Divorce, the procedure is reasonably simple for most Petitioners. The process is one of "Self Administration". A person can petition the Family Court for the Dissolution of a Marriage without legal representation in most cases. The application papers can be downloaded off the net or obtained from most Courts. These are then lodged with the Family Court. There is a minimal fee involved, ( around $400) however in cases of financial hardship, the petitioner may apply for an exemption from paying these fees, based on income and family circumstances.
There are people who, due a lack of knowledge, or language difficulties, find the application confusing. This is where I, and others like me, are asked to help out. A service we provide voluntarily.
Divorce here is "No Fault", the only criteria being "Irreversible Breakdown". The requirement is twelve months separation and one session of Counselling.
Matters relating to "Behaviour" and etc are only considered in matters relating to disputed custody actions. Infidelity is not considered to be relevent in these matters, only facts relating to the best interests of the child.

 

[almouchie]

i havent thought about that before
how do muslims who live in foriegn countries do
if they want to get married again
heard from some that they wirte their marriage (katb al kitab) in majid/muslim center in that country
where it is legal & legitamite in Sharia law,
even if in that country's law the marriage is not lawful

good luck with ur quest Bro