2nd marriage,divorce,harassment
Question
Assalawalikum
My father in law has touched / behaved inappropriately with me in the absence of my husband. My husband lives abroad…I’m already 7 month pregnant i told him regarding his father’s behaviour yet he blames me for wrongfully accusing his father. (Also his mother keep accusing of things i haven’t done n has put so much hatred in my husband heart) I’m presently living with my parents now he has given an ultimatum that if i dont go back to his home within 10days he would send all my belonging to my home n have a 2nd marriage! Although i have asked him to give me a separate accommodation as i can’t live in that specific home coz of his father’s behaviour he doesn’t believes me nor he want to give another accommodation. Also before the wedding my husband had promised me n my family he would take me along after the visa procedure
My question is should i go back to that house despite of all the mishap happened?
Can my husband have 2nd marriage without my permission? Although after so much begging he doesn’t believe me n i feel like i can’t stay with him. Can i apply for divorce? coz of this behaviour of him sometimes i have mixed feelings because I’m already pregnant i don’t know how to look after the child alone… i don’t know what to do???
Answer
Wa’alaykum as Salām wa raḥmatullāhi wa barakātuhu
Since you claim that your father-in-law touched / behaved inappropriately with you with you, the concept of ‘Ḥurmat al-Muṣāharah’ could apply. Here is a detailed exploration to determine if this concept applies to your situation:
Definition of Ḥurmat al-Muṣāharah:
‘Ḥurmat al-Muṣāharah’ arises when an act of lustful contact occurs between a person and the close relatives of their spouse, nullifying the marriage between the husband and wife. This can include actions such as inappropriate touching or other acts leading to sexual arousal.
Scenario and Application:
- Touching and Behavior:
- You mentioned that your father-in-law touched or behaved inappropriately with you. If his actions were motivated by sexual desire, it would establish Ḥurmat al-Muṣāharah, and your marriage is automatically broken.
- Evidence of Lustful Intent:
- For Ḥurmat al-Muṣāharah to apply, the inappropriate behavior must have clear evidence of lustful intent. This can include gestures, words, or actions that are explicitly sexual.
Practical Steps:
- Detailed Consultation:
- Arrange a meeting with a local scholar or an online consultation with a qualified Islamic jurist who can ask you specific questions to understand the nature and extent of the inappropriate behavior.
- Legal and Religious Advice:
- Seek both legal and religious advice. While a scholar can guide you on the Islamic ruling, a lawyer can assist you with legal aspects concerning your rights and protections.
- Protective Measures:
- Regardless of the Ḥurmat al-Muṣāharah ruling, your safety is paramount. Continue staying with your parents and ensure you are in a safe environment.
Conclusion:
The concept of Ḥurmat al-Muṣāharah could potentially apply to your situation if the inappropriate behavior was of a lustful nature. Given the complexity and the serious consequences of such a ruling, it is crucial to seek guidance from a knowledgeable Islamic scholar from your locality who can provide an informed and precise ruling based on your specific circumstances.
May Allāh grant you clarity and strength during this challenging time.
And Allah subhanahu wa ta’ala knows best.