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Stats: 17,449 members, 69,230 Topics, 15,444 Comments. Date: Jun 16 2019, 8:24 am

Rufai Oladimeji
Lagos State University
English
100Level, Nigeria.
Question

My family name are going through a really a
bad phase and a hard trial. My brother stays
in Puna for his studies with my aunt, my
aunts niece who is 21 year old is not of a
good character stays in the same colony of
my aunt so my aunt sometimes meets her.
One day we came to know from my aunt that
my brother is seeing this girl so my mother
confronted him and asked him about this he
just simply refused it by saying that there is
nothing like that she [my aunt] is simply
always doubting me. We trusted him and
didn't tell or take any further action just
because we had full trust in him and knew
that he wouldn't do such a thing may she
(my aunt) has misunderstood. Now some
months passed by my aunt called up and
says that he is still seeing her so my mother
left to Puna over there he took my in full
confidence and totally denied it and also
promised that he is not doing anything like
that my mother had full faith in him and left
him and told all of us here that there is
nothing like that. On 26th April my brother
gave us a shock of our life he came home
said I have done Nikaah with that girl and
now she is legally my wife if you all want
please accept the truth and gave us the
Nikaah nama papers and left the home
immediately. We were so shocked that we
didn't know what to do. My brother didn't
call us after that. And we don't know what
to do now we want him back but he should
give her divorce and then come back he has
become completely blind he does not know
what he is doing that girl will not stay with
him longer but till that time it will become
to late where he starts the family and then it
becomes more difficult to separate them that
girl cannot be accepted in our family
because of her character and her bad family
background her mom also did the same
thing during her marriage the daughter and
mother the same. Now we don't know what
to do we are totally helpless we want to
pressurize him and separate them by hitting
him and by doing anything else that is
possible we know that this marriage wont last
longer but by the time he realizes it will be
too late. I wanted to know whether by
pressurizing the person can we do the Talaaq
will this be a valid Talaaq? Please give me
solution to this problem as soon as possible.
I had asked this question in your Fatwa but
they couldn't help me you are my last hope
please help me urgently this is a very serious
problem for us.

Fatwa:
All perfect praise be to Allah, The Lord of the
Worlds. I testify that there is none worthy of
worship except Allah, and that Muhammad
is His Slave and Messenger.

If this woman is as you mentioned in the
question that she is a woman of bad religion
and bad moral conduct, and she did not
repent, then in our view this brother should
be advised in good words and soft manner to
divorce her. He should be reminded of the
saying of the Prophet : "There are three
types of people who would make a
supplication and it will not be accepted from
them: a man whose wife is of a bad moral
character and he did not divorce her . "
There is no harm in advising him to seek the
help of those who are close to him and the
help of righteous and pious people who can
convince him. It might be that he will
divorce her. If his parents, or one of them,
orders him to divorce her, he is obliged to
obey them, but if he does not fulfill their
command, then it is not permissible to
oblige him to divorce her, as this worsens
the relationship, causes more enmity and
hatred, and leads to the cutting of relations
and other unpleasant consequences. Besides,
one should endeavour to advise this woman
and turn her into a righteous one.

As regards being pressured to divorce one's
wife, divorce takes place if one has an
alternative which does not have dire
consequences. However, if he is under
compulsion and fears much harm, like being
killed, severely beaten or imprisoned for a
long time, then in such cases divorce does
not take please when he utters it [under such
compulsion].

Allah Knows best.

www.islamweb.net/en/article/157782/family-dispute-over-a-relatives-marriage

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