I have a non-muslim friend,a man,who is married to a muslim woman just because he got scared in facing humiliation. It is really the woman who wants them to get married.he doesn’t really love her.they had a long distance relationship.for my friend she was just one of his flings.but they got married in muslim rites even though he doesn’t even know if he’s already a muslim. their marriage didn’t work out.he doesn’t live with her anymore.but the muslim woman still threatens him that she will get him in prison if he caught with another woman.the questions are:
- is really converted as a muslim? he still go to catholic church on Sundays, he still uses the sign of the cross. he still believes in Jesus.
- does the woman have the rights to threaten him?
- is the marriage legal?
- what must he do to get separated with her?
- what are his rights regarding the custody of their son?
thank you and hoping you can answer the questions. this will really be a big help for him.
- Only God and he would know if he truly converted. If he still adheres to practices and beliefs of another religion that contradict Islam then it is obvious that he is not a Muslim. Believing in Jesus (pbuh) is a requirement in Islam; so this is a moot point. Clearly, the person should know where he stands and what faith he professes. No actions, rites or words can convert anyone to anything if in their minds and souls they have not made that inner transformation.
- The woman has the rights of the full legal system backing her just as any person should, including the man. In other words, the woman may bring her case to court if necessary and a judicious system will hopefully arrive at a just and correct decision.
- The state has to determine if their marriage was legal. In Islam, marriage is established by a contract but some countries may not recognize the marriage because they may require certain elements not fulfilled in such a contract.
- From what you say, he seems to have already separated. However, he simply has to inform her of his intentions to divorce her and then follow any proper procedures necessary from a legal stand point. If, however, their marriage is not recognized by the state then a declaration of divorce to the woman would satisfy dissolving the marriage contract. They both should honor all that was agreed to in the contract.
- The custody of their son is a matter for the state. They will decide who is best fit to have the child.
Here is a little humble advice: he should take some time and be introspective to figure out why he went to great lengths of claiming to be a convert, marrying a woman, having a child with her only to satisfy a fling.
I hope this helps.
God knows best.