marriage with a foreigner

assalamualaikum,

dear All, i need help from u guys a.s.a.p.

my colleague is married with a foreigner.

she married overseas, meaning no record of marriage here in singapore.

she have 2 kids. aged 4 and 7.

she separated for 4 years with her husband. no maintenance was given, till today.

she was abused emotionally & physically in her marriage.

the question is, how can she ask for divorce because he is not giving it to her?

how long will the process take?

salam.

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rookie
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Plus Minus
14/11/2007 4:55:56 PM
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fresh
1
votes
Plus Minus
14/11/2007 5:50:53 PM

I'm not a islamic lawyer to start with. this is as far as i know.

ok Which country was she married in?

Was there any marriage paper signed when she got married in that country?

In Islam if the husband is away from the wife for more than 4 mths, some madhab is 6 months. it's an automatic divorce, unless the wife has earlier on forgo her rights on this. Go to the shariah court where she is at or an Imam if there isn't any Shariah court and get the imam to declare the divorce for her.

A muslim woman can go to the court and initiate divorce. If she has family, get them to support her in this matter as well.


brainy
1
votes
Plus Minus
14/11/2007 9:39:39 PM

Hmm..in such cases she has to get a proof of marriage certificate first. Well she may need a confirmation or legal support from foreign embassy or she's married from. Without it, she would not be able to hold any case from sharia.

I'm more worried about the children other than her, is she a working mum or a housewife? She may need financial for the latter part, like Sultana said, the best was to consult the Sharia court or lawyer This is money of course, not easy, but I pray that Allah will guide and help those who are weak and in need.

It's not overall true that she cannot divorse because it is not giving. In such cases, the muslim body or appointed council (there is in Singapore) could overule the case if her husband breaks the law. I would not quote any verses from Quran or the hadiths as the explanatory is lengthy, sorry for that.

I pray for the best of the family. May God path their way with ease and safety. Bless you (Salaam) :)




rookie
0
votes
Plus Minus
15/11/2007 1:50:11 PM

Dear Sultana & Fariz,

she married a bangladeshi.

she went to the syariah court but they couldn't help.

she works on and off

but i am sad for her.

nobody took care of her children.

she seek help from all sorts of organisations but they only provide her a 3 months help.

she needs to be financially independent but at the same time she needs a flat to stay in and the security of her 2 children.

her job is a part-time job. i dont think she can pay the lawyers fees though

her husband always abuses her.

her cert is recognized in singapore.

tanx.


rookie
0
votes
Plus Minus
15/11/2007 3:32:49 PM

Asalam

this is very painfull but interesting

Now your friend where she stay

which pass she holding now

Her kids where studing now and citizen or foreigner

She working or house maid

what is your friend family backround

vasalam


fresh
0
votes
Plus Minus
15/11/2007 5:12:37 PM

Ok so did she marry in Bangladesh? Is she Singaporean?

Islamically anyways, if her husband is away for that long, 2 years...(more than 4 mths or 6 mths without any contact and no financial support) she is considered divorced in the eyes of Allah. So i mean she doesn't need her husband to divorce her. She is already divorce, know wht i mean.

But you say her husband abuse her. That means he's in contact with her? He's in Singapore with her?

What did the shariah court in Singapore said? Why couldn't they assist her?

The worst thing she could do for herself and her kids is to keep quiet about this. Tell as many people as she can. Women shouldn't be ashame of this. and keep a record of each day this abuse happens. When it happen where she was hit, like a diary. This will be a huge evidence in court. Go to the doctor and get any bruises checked and documented medically.

You are her good friend, so support her in this without letting her husband know abt it. You as well need to keep a diary abt this. anything you notice strange when you see your friend. Bruises etc.

I'm not a criminal lawyer..but i do read alot. in this situation..keep a journal..very IMPORTANT. Hide this journal.

Have a plan ready before she reports him. Plan where she will run away for the time being. pack emergency stuff in a little bag, passport birth certs, money, phone number of people. when the time comes, grab this emergency bag, report to the police and run off somewhere.

The more people that know abt this will be able to support her and her kids in terms of her safety.

If her husband abuses her...go to the police and report him. They will be able to put him in Jail, Inshallah. Don't need a shariah to do that. Get a restraining order on her husband. Men like that needs to be punished!

If shariah cannot grant a divorce for her, go to the civil court. This is just to legalize the document. Do whatever possible to get her away from her so call husband.



brainy
0
votes
Plus Minus
21/11/2007 8:41:47 PM

Shariah couldn't help ? :( Oh God..Goodness..is that true?

what's happening the muslims and imams today? They are suppose to be the voice of ummah and prevailing justice, and they cant help.. <grr....> <sigh> a sign of the end of days.....

I wish I could help..but I'm not in the strong position to raise something strong to Muis :( ..But Sultana have a point Zahara, you must get your problems to be heard across the community, to be very least. I understand that your self pride may be lost in this matter, but think of your children too, would you want them to suffer the same fate?

If your case is true from the shariah..then I'm dissapointed with them...of course like sultana said ,we wanted to know more about the shariah not being able to help, hence what are their 'limitations' ? Sorry for our nosy part :) We're trying to help...

Stay strong Zahara !! God Bless (Salaam)


rookie
0
votes
Plus Minus
23/11/2007 9:38:09 AM

dear fariz,

my colleague is the one who is facing the problem actually.

syariah said that even for divorce cases in singapore, to reach the guys to ask them to provide maintenance to the wife & kids is already hard as the guys would disappear right after divorce, haha, and the syariah couldn't reach them, what more to send a divorce notice to bangladesh as the address may not even be valid and even the foreign embassy refuses to help. they said that it is hard to locate their own people. we can't blame the syariah, for these cases, it is an expensive procedure. my friend may not be able to afford it.

she is at her wits end.

i am sad for her.


brainy
0
votes
Plus Minus
25/11/2007 11:38:37 AM

Dear Zahara,

Hmm the Sharia has a point. Though the husband responsibility over his wife and children still persists as long the wife is not remarried, often the 'horrible' husband will find this excuse to run away to escape this problem then <sigh>

Did she have any family/relative in Singapore? I'm not sure if there is any family or female rights organization in Singapore that would give help to divorse problem, I'm sure they do. She's a Singaporean rite? Hw bt the children, born Singaporean too ?

Hope you give her the full support and encouragement Zahara as a colleague and friend. If worse come to worse, the divorce is necessary to avoid more abuse to her. It's not her fault for her to be in this. May Allah guide her with strength.


fresh
0
votes
Plus Minus
5/05/2008 9:56:15 AM

Dear Zahar, Faithhub is willing to underatke this issue on your behalf. Faithhub is a organization that is willing to help others as well as to do dakwah work. We get people to finance specific issues amongst the Ummah. Allah willing, we will bring this trauma to an end. Feel free to visit our website www.faithhub.com for details. You can email or contact me for help @ Hp: 97695158. Insya'Allah He will guide us through this challenge. Wasalaam.


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