Assalamu alaikum. I am writing this for a desperate father whose
daughter got married a guy )homosexual( without knowing . During a
counselor session he disclosed that he is a guy. Now the father wants
to get divorced from him but she says she wants him and she will
adjust her life with him. My question is if the father let her to
continue with him what is the islamic rule on this. Kindly give an
advise as early as possible for taking a decision on the subject. I
know homosexuality is haram . Please clarify Your earliest response
will be highly appreciated. With regards, Ismail
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that
Muhammadis His slave and Messenger.
It is an obligation to advise that man to repent from this abominable
sin, and he should be reminded of Allaah and His severe punishment if
he meets his Lord with this sin. Hence, we recommend advising him in a
gentle manner, and opening the door of hope to him ]i.e. telling him
not to despair[ and clarifying to him that the mercy of Allaah is
vast, and that if he repents, Allaah may change his sins into good
deeds, hoping that he might repent and give up this sin.
With regard to this marriage, if it had taken place without the
consent of the wife's guardian, then it is a void marriage and it must
be invalidated because the consent ]and presence[ of the guardian is a
condition for the validity of the marriage contract as we clarified in
Fatwa 83629.
If we presume that this marriage took place with the consent of the
guardian, then it is permissible for the wife of that man to stay with
him as a wife. However, if he persists in his sin, it is desirable for
her to ask him for divorce;Al-Buhootisaid: "The wife is like the
husband in this regard; so if he abandons a right of Allaah, it is
desirable for her to ask him for Khul' because of him abandoning the
rights of Allaah."
Therefore, you should urge this wife to separate from him and clarify
to her that there is no good in being a wife to such a husband, and
that she may be greatly harmed from him by him transmitting some
sexual diseases to her, or badly influencing the upbringing of her
children in case she has children with him, and the like of such
harms. In case she still wishes to stay with him after clarifying all
this to her, then she may do so.For more benefit, please refer to
Fatwa 117370.
Finally, if her parents order her to ask for divorce, she is obligated
to obey them in case he does not repent as this is a valid reason )for
asking a divorce(, and obeying them in this matter is obeying them in
what is permissible.
Allaah Knows best.
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Regards,
NAJIMUDEEN M/
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