Muslim lobby groups in the West usually tell the authorities of their host countries, that they teach and admonish the Muslim community to abide by the laws of the country, i.e. that they are law-abiding citizens. Against this background, the following fatwas (legal pronouncements) are quite significant.
Question 2279 from United States
I acepted Islam 1 year ago. I have been married to a non-Muslim for 5 years. A Muslim man has asked me to marry him. Is this halal? Can I marry him while awaiting divorce from my non-Muslim husband?
I am still living with my non-muslim husband, because I am not sure what to do. A Sunni Muslim has asked me to consider being his wife and said that I can marry him even though I am still married to my non-muslim husband. My non-Muslim husband refuses to divorce me. Please advise me on what to do and what is halal.
Answer 2279, 2001-02-14
Your marriage with the non-Muslim has terminated upon three menses (or three months if not experiencing menses) after accepting Islam.
It is prohibited for you to stay with him. You should separate from him immediately. You may consider the proposal of the Muslim man and marry him immediately if you wish to.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
FATWA DEPT.
(Question 2279 from United States, I accepted Islam 1 year ago. I have been married to a non-Muslim for 5 years. A Muslim man has asked me to marry him. Is this halal? Can I marry him while awaiting divorce from my non-Muslim husband?; fatwa dated 2001-02-14; online source; accessed 5 August 2006)
In the United States (and basically all Western countries), bigamy (polygamy) is forbidden, i.e. nobody can marry again before the former marriage is not properly dissolved. This Muslim legal authority permits a Muslima to marry another man before she is divorced according to the laws of the United States. Obviously, the family, marriage and divorce laws of this infidel country are not recognized and Muslim authorities advice acting according to the Islamic Sharia regardless of the local law.
Here is another case:
Question 6737 from Germany
Second marriage possible under these conditions. i would like to marry a woman who is 12 years old, her father and she has also agreed. What is your advise?
I am 45 and married to already 15 years now after the sexual desire of my woman has nearly gone I am looking to marry again. And I would like to marry a woman who is 12 years old, her father and she has also agreed, my first wife told me that it could make problems if it will be a big different in age, and also some of my children are older than my second wife. What is your advise ? And is it allowed for me to have already sexual intercourse with these woman after we are married or to I have to wait till she reach at special age?
Answer 6737, 2002-10-01
According to the Shari’ah, if a girl is a minor (did not attain puberty), she may be given in marriage by her father. When she attains puberty, she has the right to maintain the marriage or discontinue the marriage. There is no age limit to be intimate with one’s wife even if she is a minor.
It is important for you, in your situation, to consider the age difference reservation expressed by your wife.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
(Islam Q&A Online With Mufti Ebrahim Desai, Darul Ifta, Madrasah In’aamiyah, Camperdown, South Africa; fatwa dated 2002-10-01; online source; accessed 5 August 2006)
Just as above, the Mufti permits this Muslim to break the law of the land he resides in. First, he permits him to practice polygamy. Second her permits him to marry a 12 year old girl and have sexual intercourse with her, which also is a criminal act according to German law.
Various issues regarding marriage to prepubescent girls are discussed in these articles: An Examination of Muhammad’s Marriage to a Prepubescent Girl And Its Moral Implications, Islam and Child Brides.
If readers come across other examples of Muslim legal authorities giving permission to break laws of their country of residence (or even citizenship), please let us know.
Answering Islam Home Page