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My question is where does all this leave me now in the eyes of Allah?

Q:

السلام عليكم
I am hopeful you can help me. In 2005 I divorced my first wife, a non believer, through the English courts but never gave her a formal Islamic talaq. The last few months of our marriage were full of issues whereby we decided to part our ways not knowing which directions we both wanted to head. After a few years the divorce proceedings took place via solicitors. I have recently studied the holy book Quran and found that in order to divorce a wife one must say it twice, wait 3 periods before performing the 3rd one. It also states that the mehram we had put on the nikah paper must be paid to her. My question is where does all this leave me now in the eyes of Allah? Any help will be welcome. Jazakallah

A:

بسم تعالي
الهم صل علي محمد وآله و عجل فرجه

Wa alaykum Salam Brother
I hope this correspondence finds you in the best health and eimaan

Your question contains two aspects to it: 1) A Jurisprudential and 2) An Ethical

For the Jurisprundial aspect you would need to refer to your Marjah or Jurist consultant in order to find out the necessary steps that need to be taken with regards to the Islamic Sharia. But in a nutshell , from what We make out, out of your writing, we believe that the marriage is not in order in the first place since she was ‘an unbeliever’. Hence, in this case, there will be no divorce, it’s condition and Mahr altogether because Marriage is not possible with a kafir..

Ayatullah Sistani’s fatwa in this regard:

Mutah: 10
Question: Is it permissible for a Muslim single man to consummate permanent marriage contract with a Christian or Jewish woman?
Answer: It is not permissible, (Obligatory Precaution).

With regards to the ethical side

قُلْ يَا عِبَادِيَ الَّذِينَ أَسْرَفُوا عَلَىٰ أَنفُسِهِمْ لَا تَقْنَطُوا مِن رَّحْمَةِ اللَّـهِ ۚ إِنَّ اللَّـهَ يَغْفِرُ الذُّنُوبَ جَمِيعًا ۚ إِنَّهُ هُوَ الْغَفُورُ الرَّحِيمُ

Say [that Allah declares,] ‘O My servants who have committed excesses against their own souls, do not despair of the mercy of Allah. Indeed Allah will forgive all sins. Indeed, He is the All-forgiving, the All-merciful. (Zumar (39): 53)

Sincerely seek forgiveness and ask Allah (swt) to return you back to the straight path. Have remorse for what has occurred and try to acquire a resolve to not return to it. If you have wronged someone along the way try and seek their forgiveness as well. As forgiveness for the rights of people that may have been trampled on must be sought from them.

Insha allah we all find Allah (swt) merciful and oft-returning and may He forgive us all our lapses and misgivings by the right of those who He truly loves, Prophet Muhammad (sawa) and his immaculate family (as)

And Allah knows best
Wa alaykum Salam

AAA under the guidance of Sheikh Yassareb Ebrahim.