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divorce in the West.

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layalee View Drop Down
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Joined: 04 August 2007
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    Posted: 02 August 2008 at 9:30am
As'salaamu Alakum
 
If a muslim marriage is taken place in a masjid in a middle eastern country, would that cause any type of challenge in getting a Islamic divorce in any other country , especially in the US? Would the individual seeking the divorce need to get any forms from the Masjid in the Muslim country(Yamen).
 
Salaam
 
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ayisha098 View Drop Down
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Joined: 17 September 2008
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ayisha098 Quote  Post ReplyReply Direct Link To This Post Posted: 18 September 2008 at 4:19pm
Well divorce is highly frowned upon by ALLAH(Subhanna wa ta'ala).  If you are legally married in the USA by the Courts; then there should be no problem.  If your not legally married by the country you live in, then there might be problems with regards to spousal support. child support, child custody, etc.  Before getting a divorce, try getting two male family members from your family and his family to sit down and discuss any problems you are having in your marriage.  Only use divorce as a last resort.  If the intervention talk between your male members of your family and the male members of his family fails, then go to an Imam at a Masjid in the country your living in, and ask the Imam for advice.  I'm honestly not sure if being married in the Masjid counts as a legal marriage in the USA.  Maybe the USA would consider you unmarried if you don't have any court documents.  Depending on the laws of the country where you got married, you may need to get papers in order to get a divorce.  If I were you, I would tell my mahram in my family, and have the men in his family sit down and discuss what is wrong in your marriage, that makes you want to get a divorce, and if that fails, go to an Imam and get legal Islamic marriage counsling, and if that fails, seperate for a while but still stay married to give yourself time to wonder where you may have went wrong in wanting a divorce.  Divorce is really bad as it breaks up the family unit, but you shouldn't stay in an unhappy marriage.  I would get papers from Yemen, stating that your legally married there, in case you get a divorce in a masjid in the USA.
Walaykumsalaam.
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