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Fatwa CenterArranging a divorce and marriage documents solely for immigration purposes
Question
Please help me to solve one big problem. I did big mistake. What should I have to do and how is the best way to solve this problem in Islamic way. I am married and I have 2 kids. I want to get marriage in Scotland to some of Christian girl. The marriage was, just only to get right papers to stay in this country. It is like paper marriage and to pay her some amount. To get married to her, I needed to prove that I am single or if I am married to show divorce certificate, so marriage bureau in Scotland could arrange our marriage.
The intention was not to live or to stay with that girl; the purpose was only to get right papers to stay in the country. And to pay to her some certain amount for her assistance. She was agreeing for that. But our marriage did not happen, because of some reasons and we did not go any place to register and all communication with her was over. But I made divorce paper from my country, proving that I am divorced. This divorce paper was issued by the city court where I am resident. But my intention was not to divorce with my wife, just only I made divorce certificate because it was one of requirement of getting marriage in UK. I did not say her Talaaq. Just holding divorce paper.
Question: Can I go to my wife back to my country and live with her as normal husband and wife like we were living before? Or do I have to read Nikaah again. Please give me full explanation and with full details.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
If what had happened is just writing the word divorce and you did not utter this word or intended it then divorce did not take place and your wife is still under your guardianship; she is still your wife. However, you should not have written the word divorce without a necessity to avoid the difference of opinion of the scholars
who consider that divorce takes place even by just writing the word divorce.
Finally, the following points should be mentioned:
1- It is not permissible to reside in a non-Muslim country without a necessity. On this issue refer to Fataawa 81642 and 81464.
2- It is not permissible to marry other than a Muslim woman or a chaste woman of the people of the book. On this issue refer to Fatwa 81758.
3- If marriage meets the conditions of a correct marriage then it is a correct marriage and it becomes bondable regardless of the purpose of marriage. On this issue refer to Fatwa 82951.
4- This is the most important point; marriage is a serious contract and Allaah has considered it as such in His Book. So one should not undermine its significance in order to achieve a worldly temporary benefit.
Allaah Knows best.
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