marrying a married woman under sharia law

Dear Sisters/Brothers,

Sana po ay mabigyan nyo ako ng advise tungkol sa aking sitwasyon.

Ako po ay 25yrs. old at kasal sa isang Filipino sa civil wedding dito sa Pinas at may 1 kaming anak.

Ako po ay nag abroad as tourist last 2013 sa Indonesia at nag convert po ako to Muslim at nagpakasal sa Indonesian citizen na Muslim din sa Islamic Council in Thailand pero di pa kami naka register sa Indonesia pero valid ang kasal namin by religion or muslim. Ang sabi daw po kasi sa Islam, kapag nag convert ka sa Muslim ay automatic void na ang kasal sa non-muslim if hindi mag convert sa Muslim ang dati ko asawa dahil sa Islam ay di pwede mkisama sa non-muslim at hindi kinikilala ang kasal sa Christian/non-muslim, Pero alam ko naman po by Family code law in the Philippines ay valid pa din ang marriage namin unless annulment done, pero alam ko naman na di ganoon kadali mag file ng annulment sa Pinas.

Alam ko din po na hindi nya ko pede kasuhan dahil sa abroad ako nagpakasal at ito ay hndi sakop ng Philippine jurisdition unless dito ko sa Pinas nagpakasal at dito kmi sa Pinas magsasama ng Muslim husband ko,Ang information po na yan na hind sakop ng Phil.Jurisdiction ang pagpapakasal ko sa ibang bansa ay nakuha ng maghingi ako ng advise sa PAO.

Sa ngayon po ay buntis ako sa Indonesian Muslim husband ko.

Ang mga katanungan ko po ay ang mga suusunod:

1. Makakasuhan po ba ako ng una at non-muslim husband ko dahil hindi pa kami annul? Makakasuhan b nya ako dahil buntis na ako sa Muslim husband ko dahil hindi p kami annul?

2. Maari ko b gamitin ground sa annulment ang pagconvert ko s Muslim dahil sa Islam ay di na ako pwede makisama sa non muslim husband ko.

3. Kapag manganak po ako dito sa Pinas sa ipinagbubuntis ko ngayon, maari b gamitin o ilgay sa birthcertificate ng magiging anak nmin ang pangalan ng Indonesian citizen muslim father kung sya ay pipirma sa birthcertificate na kinikilala nyang anak ang bata.Ngunit ako ay legally married pa sa non muslim husband ko.

Or ano po ang maaring gamitin na pangalan ng magiging anak ko pag dito ko ipinanganak sa Pinas sapagkat ang mga magulang nya ay Muslim.

4. Maari po b ako mag change name from My christian married name at gamitin ang Muslim name ko kahit na hindi pa ako annul sa non muslim filipino husband ko?

Sana po ay mabigyan nyo ako ng legal advise.maraming salamat po.

Hi,

I would like to seek help in marrying a Muslim.

I was married since 2005 but got separated 2008, though, legally, I haven't worked on the divorce papers coz i have been working overseas. But moreover,me and my ex dont communicate at all and we have been living separate lives for years.

I just wanna clarify some things which you have mentioned and how easily I can work on this matter.

1. What do you mean by finishing the 3 periods? Does it mean 3 years of separation?

2.DIVORCE PAPER- I am from Phils and my marriage with my ex took place in a church. But is it enough to go Fanar and go schooling and once I finish I can easily get married?

I have much more to ask but this is all for the moment.

Hope I can get useful information.

Thanks.

I hope u can help me too. BTW, Good Luck in all your endeavors to prosper in life.

We almost had the same situation and registering here in Qatar Living just to get comments and opinions about the preparation i need to work out in marrying my Muslim BF will be much more helpful to me.

Hope we can talk one time.

SO You my FATWA from FANAR was ryt base on your last comment.

Happy for you :) GOOD MORNING

As-salamu alaykum, brothers and sisters.. thanks to all your support, I am so happy that my questions had been properly answered from Fanar, since the annulment of my marriage in Philippines is still on going and might take time, Our sisters in Fanar mentioned that "If a married, non-Muslim woman converts to Islam, regardless of whether in Muslim or non-Muslim lands, it would not be permissible for her to remain living with the non-Muslim husband after her converting, if he refuses to also convert. They may not carry on any form of marital relationships, and she would have to refrain from being in any form of seclusion (khalwa) with him, since a Muslim woman cannot be in seclusion with a non-Muslim man." therefor since my ex husband is a Catholic, I have all the rights to divorce him . Since I am still studying in Fanar right now, I have decided to go to Al Saad in the Court to file my divorce to my ex husband once I will finish my study in Fanar, I am confident that my ex husband will sign and agree about the divorce (because of what had happened to our relationship which I had mentioned on my previous post)..

Once I am ready to go to the Al Saad Court, I will update you all guys through out my journey in this matter, so it can also give hope and knowlede to those who have the same situation as mine... Me and my fiance will still get married in Philippines once my filed Annulment case there will finish even after getting married here in Qatar. The only reason why I still want to file a divorce here in Qatar even I already filed Annulment in Philippines is because Divorce will finish here max 1 week if both parties agreed..

Finally we can start our family legally.

Once again Thanks to All .. May Allah Bless Everyone..

Hang on...if your ex husband is still married to you, how then can he have his own family?

Quote : My ex- husband has already his own life now and I dont see any possibility that he will object about my marriage since he already have family, the

Read more: http://www.qatarliving.com/node/10814096#comment-2833181#ixzz2LAHLowfx

loveyoutrully, you're welcome. I wish for your happiness and hopefully your annulment will be granted soon because I know what it feels. If you need to check my papers. You're free to send me message. I wish you the very best Kabayan!

You Wel Come... i will contact you soon once i get a free time

brothers and sisters, there's no perfect words to expressed my gratitude for all your comments and advice, May Allah bless everyone, I am a filipino like what my friend Qazi had mentioned, I've been seperated 5 years ago, but we only filed the annulment last year (2012) I got married when I was 18 but didnt had any kid. My ex- husband has already his own life now and I dont see any possibility that he will object about my marriage since he already have family, the Annulment in Philippines is really costly thats why he didnt file the annulment first and waited for me to file it.. as what I have mentioned, the Annulment procedure for my marriage is still on going, and just worried that it take time, thats why Im trying to get information about fiing a divorce , in that way me and my fiance doesnt need to wait longer and can start our new life, on the other hand even after getting married and the annulment in philippines will finish, then again we will get married in my country.. thanks to (Qazi and his wife )for giving me all the information that I will need .. truly I am blessed having to know you people... thanks to (23367899BBM) and to (demeter), (ozze) for sending me message.. I will go to Fanar this afternoon to speak to one of our sister and will update you guys ...

Salam. brother dont worry, cause were actually doing the right thing, my marriage is not yet annulled, thats why I'm asking any possible way I can get married under Islam :) Still we are not living together, and if ever we will we'll make sure it's in the legal way..thank you

Dear sister .. As you told you are separate for more then 5 years so I think there is nothing that will stop you to get married again.. and any law should not stop you even your so called husband is not divorcing you... because living separate is divorce itself .. but there comes the so called rules so please take care...

Thanks All.\\Shinewood please check out your inbox

Mabrook sis for yr Wise decision and Qazi bhai thnks for sharing yr responsible comments relevant to the sis question looking after yr family history Ma-sha-Allah we all will be gaining knowledge from u

Glad and happy to know about you. May Allah will keep in good health and give you "Illmun Nafe" certainly which will benefit others to seek guidance on right time. Qazi saheb definitely you have a nice and educated family congratulations once again. I would be happy more if you send me a private message to be in touch.

are not best choices for husbands...you are willing to live in a more impoverished situation than what you already had? well, I'm happy for you...Allah Kareem

Thank you all for Liking my Comment.

about her profile and nationality, she just choose Sri lanka and age was auto selected.

and Shinewood. sometime here i m just having fun arround but about my FAMILY BACKGROUND, i m from a REAL NOBLE FAMILY "QAZI"

so here is just a short info about my home not all family.

i have 1 sister and she is "AALIMA" ( Holding ISLAMIC EDUCATION DGRE)

my Grand father was the Great Khateeb,

my DAD was also the Great Khateeb also.

My Younger Brother is HAFIZ and with Amaizing VOICE and now Doing MBA as well.

About me: i didnt Finish Islamic Studies but read so many BOOKS and most contacting with the MUFTIS to Discuss.

So In Sha Allah She will Confirm with the MUFTI TODAY and she wil UPDATE.

my Comment was on the BASE of FANAR FATWA

It's easy to live in srilanka if you married a srilankan, don't be panic, just you have to follow the proper way to proceed your marriage papers, i knew very well what is the procedure coz i got two filipino sister in laws.

I think you better wait until your annulment is done. doha estate is right, Sri Lankan laws is different from Qatari Laws and it's totally different from Philippine Law. You know that our Family Code in our country is very strict. You're not going to live your whole life in a Foreign land. Since you have your Family in the Philippines, for sure you will prefer to go back home. And you will never know what will happen in the future, maybe your ex husband is crazy and will make a problem for you. Hopefully not. Better safe and legal than sorry.

Sri Lankan civil laws are totally different from Qatar, so confirm everything before you proceed,

The same story with our Secretary too...but they want to get marry after proper annulment.

I think your X husband will also help you with the annulment procedure to go faster as he asked you the forgiveness.

Please read this they have explained all cases of your situation http://spa.qibla.com/issue_view.asp?HD=12&ID=176&CATE=11

Welcome to the rational living.. May Allah make it easy for you...

Alhamdulillah U Became muslim.

Salam Alaikum sister,

One Piece of Advice...

Although what the brother has said is absolutely correct please make sure that what you’re doing is "legal" in ur home country. I have a friend who decided to get married after 2 yrs of separation from his previous wife. He's French/Algerian...being that he's a Muslim, he didn't have to wait for the divorce to be finalized and he re-married here in Qatar. That was well and good here, but since it's illegal to take a second wife in France, his ex sued him and he ended up in court....it's resolved now of course, but just make sure that ur covered "legally" in ur home country because some countries do not recognize islamic laws as legal.

And best of luck with ur future life together inshallah.

This is a foreign country, I would strongly suggest that you wait for your annulment and then proceed to your next marriage to avoid any future complication with the Qatari Immigration laws!

I have observed [ not judged ] that this sister is not from Philippines but from Sri Lanka.

If she is still under 18 [ ? ] then at what age she got married ... atleast less than 13 years [ as per the story ].

3rd point that new person is not from Sri Lanka but seems from Philippines.

But my brother .. as always I salute to your ever helping nature.

May Allah bless all !

Dear Sister,

Either you may directly approach FANAR or you may post your question in islam web: http://www.islamweb.net/emainpage/index.php?page=fatwa&tab=3

under 18, under age & you're already converted to Sri Lankan nationality, according to your profile :P

Alhamdulillah QLrs have Mutawwa...alf mabroooks.

Brother Mabrouk you gave best advice to Sister from Philipine. Mashallah I am confident now this QL not just for pulling each other leg but some times very worthy hope others will follow the same and stand for creative work.

You are legally married in Philippines solve first your annulment issues there, here you have no problem to marriy on a second time as what I read on other advice.. Im sure you will not live for ever in foreign land... and that time you will go back to your country legal issue in married will arise.

Now that u r a muslim converted here in Qatar and he is a muslim, so there is nothing to worry. Just go to a court in Qatar preferably in Al Saad n dont tell them u were married before or there could be another issue. Only tell them that u got converted here n u would need 2 witnesses with valid RP. Hopefully all should go well.

ILOVEYOUTRULY, Please Check out your INBOX also.

Go for it, in'sha'Allah kheir

Yes my fiance is a muslim.

Sisters and brothers thank you for your response, those who gave their emails, I have sent you email, and private msg. Thank you

There is a difference between legal marriage and Islamic marriage...You can get married (only if the guy is Muslim).

congratulations,,

best wishes & prayers for u in the coming days of life....

indeed u got a chance to earn for the real life to begin afterwards.

for u asking, better to go to a scholar

wish u good luck sister.dont worry if u need any help feel free to contact me i will help u for this good work. my email is [email protected]

My Comments on Base of FANAR MUFTI. Same happan with another NON-MUSLIMAH and i was the one who was helping her and i Discussed with the MUFTI and this was the Answer.

If you dont want to waste the time of going i can give the MUFTI NUMBEr and his NAME and you can ask him direct on fone and he will HELP you In Sha Allah.

You can Just tell him about me becoause i know him very personally.

We are always here for HELP and MOSTLY for MUSLIM SISTERS..

thank you so much for your reply brother, i am really great full, and your comment is really helpful, I will go to Fanar tomorrow and will update you what happened..

thank you

Okey Here is the Answer.. If u were NON-MUSLIMA before and now you Become a MUSLIM its mean automatically you become Divorced.

so here is the Xplaination how...

Try to ask your Ex to b a Muslim if he become you are ot divorce but you Need to MAKE NIKAH once again by Islamic way.

If he Refuse to become a MUSLIM then you are totally Free by Islamic Law and regulations.

how to get married again after Becoming Muslimah.

Wait for your 3 periods and Once its finished you can just marry another one.

But NOTE. If you are married with Ex in papers also you will need the DIVORCE PAPER from him and any Muslim Court will help you to get,

but If you are married Locally without any Official Docs then MOVE ON and get married,

but Please Think TWICE about your Second MOVE.

Wel Come to ISLAM.

i m here always to help you,

Just Drop your Contact Info in my INBOX and ask me i will Answer you.

WISH YOU A HAPPY LIFE.

I already thought of that, but I just posted this forum so atleast I will have an idea if its possible, I'm actually embarrass opening this to our sisters in Fanar , but if Its possible then I would not mind asking for their help.

thanks for your reply sister.