The World Federation One Stop Fiqh

Ask an Alim

can I marry another person or do mutah


I have converted my faith from Sunni to Shia last year. I have been separated from my Sunni husband since 3 years as he is refusing to come to the court for divorce as he owes me my jewellery and money borrowed from my father. The grounds of divorce were – 1. He has HIV 2. He has been caught red handed performing adultery with a another women while married to me 3. He has beaten me up and broken my ribs – domestic violence 4. He has not given me any financial support since the day of marriage 5. He is a alcoholic and a womanizer The Sunni court refused to null my marriage as in India they treat women inferior and have twisted the laws to their fancy. I want to know if my marriage is invalid now on the above grounds and if I can marry another person or do mutta as I am 35 and I want to have legal children . Please help me with this. As it is a matter of my life and I am suffering due to injustice .

Alaikum salam.
You have all the valid reasons to divorce your husband only that it has to be done through the Mujtahid whos laws you follow. If its not possible to go to him you can always go to his representative who is present in every country or city you live in. Once he knows all these reasons for your divorce, he has the authority to legally declare you as being divorced. After which you are free to choose your own spouse. This procedure has to be taken before you settle for another marriage and have legal children. Its not a hard process when the validity of your reasons are proved genuine and the consent of your husband is not needed nor does his approval or disapproval for the divorce.
InshAllah it will be easy for you to go about it.
Salma Alavi