Source: http://qa.muftisays.com/?4204
Question ID: #4204
 
Question: Is this Nikkah valid; if so is the divorce valid?
Assalam Alaikum,
A couple of years ago I got my daughter married to my nephew through a fake nikkah. Both parties agreed to file for the fake nikkah, and the intention was to get my nephew legal in the United States through my daughter’s citizenship. I told my nephew and his mother that I will only marry my daughter to him if he completes his education in the States, and they agreed upon my condition. My brother in-law (Father of my nephew) deceived me and turned this fake nikkah into an actual nikkah with witnesses and a Molvi. My daughter and I were not aware that the actual nikkah is taking place and when my daughter was told to sign on the documents she signed assuming it was only fake paper work. Later on an argument erupted between both families and my nephew and his mom (My sister) stated that my daughter was in his nikkah and she cannot marry anyone until he divorces her. This is when I found out that I got deceived. Later, our problems got solved and we agreed to sponsor him as my daughter’s fiancé, since it was a less hassle and much faster process. All went well and he came to the US with no problems. Later my daughter filed for marriage in the American civil court (Not a sharia marriage though). Afterwards arguments between the two families started to erupt again. He later stated that he wants his green card and that was the sole reason for the marriage. He said he will give my daughter divorce if she gives him the green card. My daughter refused and told him she wants divorce from him. So later he said “You want talaq” then he said “talaq talaq talaq” and then again “talaq talaq talaq”. He didn’t say I give you talaq or he didn’t mention my daughter’s name either. Now he says he never gave her talaq and she is still in his nikkah. During this whole period, my daughter and nephew lived separately and there was no expenses given to my daughter by my nephew. So there was no husband and wife relationship in this marriage. Now coming to the main point was this nikkah valid in the first place? If yes, then was the divorce given by him valid or not?

Jazzak ALLAH Kharyum. I'm in a great state of bother and not sure if I can get my daughter wedded. I would appreciate if I can get a fatwa on this issue.
 
 
Answered by: Ulamaa ID 12 (United Kingdom)
Date: 07/03/2013 20:25pm

Bismillahir Rahmaanir Raheem
Al Jawaab Billahit-Tawfeeq

Respected brother/sister

According to the information provided in the question, Yes, the Nikaaah was valid and the divorce(Talaaq) took place also.

I will advise that you and the other party involved forward your case to the Ulama(Scholars) in the USA.

And Allah knows best


Please remember me in your dua's



Maulana Khalil Ibn Elyas Laher



London, UK
 
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