Canadian Law?

Society Religion & Philosophy
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Assalaam all,

**I need some feed back because Im living over seas and without much luck in seattling my divorce matter due the fact, my hubby-e nashaad remarried behind my back. **

Now he refuses to give back my things and also other serious matters.
We are from different jamaat, he being Ahmadi and Im simply Muslim. I dont regard myself as shia or sunni etc. No need for any label.

**Can someone please post some links, or name some lawyers from Toronto, Canada or give me a legal advice? He e-mailed me and its obvious we are worst enemies now. **

**He has remarried his second wife legally, mine was a simple niqah at masjid. After that usually couple go to gov. registretion office and seattle things. He didnt do this, obviously he was having an affair. I want him charged for bigami and also demanding my things back. I cant give them up, they are the things I have of my late father. They mean all to me. **

My hubby is very sharp and already messed my life up for good. He calls my family and creates trouble within my family.

Im really at the brink of going to Canada, but Id rather seattle through lawyer now. He has no bone of shame in him. Doesnt give talaq neither pays as per obligations of muslim husband. I have requested him countless times to come clean, to end things in decent way.

**I really request your prayers. Im under studies and also working, while planning lot of other things but HE is my curse… I just want a closure at any price. **

What does canadian law say on issue of bigami?

He is upset because I have asked Jamaat to help me out. He is hiding his number and info,
**like a criminal. **

ws, Pathani

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Re: Canadian Law?

Very sad to hear this sister ...but why you married ahmedi....? do not you know that how cunning are they ....

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Re: Canadian Law?

Nikah with an Ahmedi is not valid in the first place.

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Re: Canadian Law?

I don't think that you will be able to have him charged with bigami because as I understant, your marriage, having never been registered with the government, won't be valid under Canadian law. A nikkahnama from a masjid is not a legally binding marriage document under most western legal systems.

You might be able to get your things back by claiming to be his common-law-wife, but you would probably need to present documents that prove you lived together for the required number of years. A lawyer should be able to help you.

Lastly, as I understand, you shouldn't need to get talaq from him. Since you're muslim and he's Ahmadi, and Ahmadis are not Muslims, your nikkah was not valid in the first place.

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Re: Canadian Law?

^ sounds about right, but Sister, you should consult a lawyer as soon as possible inshaAllah.

Many duas.

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Re: Canadian Law?

status of women in canada

here is the criminal code of canada… read #290-293

http://laws.justice.gc.ca/en/showdoc/cs/C-46//20070404/en?command=search&caller=SI&fragment=polygamy&search_type=all&day=4&month=4&year=2007&search_domain=cs&showall=L&statuteyear=all&lengthannual=50&length=50

sections 290 and 291 deal with bigamy while 292 and 293 deal with polygamy… the distinction between the two is explained in the first link

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Re: Canadian Law?

Ok, lets set things straight. First of all, thanks for feed-back and personal verdict about my niqah. Im not a rigid or fanatic muslim. My family are a blend of sunni, shia and ismaili background. We are very tolerant and inter-mix marriages are not such a huge issue in my family, yet when it comes to Ahmadis, it becomes emotional thingy, due to the reactions of none-ahmadis.
Some of my best friends are Ahmadi, if he turned out to be a bad apple, it doesnt mean all are the very same.

When people marry in masjid in Pakistan and later on get their spouse to Canada through immigration, that IS valid. They register it later on through goverment. So I disagree on this. Im not upto a debate weither Im married islamicly to him or not. Our niqah was done in our masjid and my entire family were my guidian. It was not held in his jamaat.
Just because the pakistani goverment issued a fatwa against Ahmadis, it does not turn them into none-muslims. Clearly, there has always been none new law-bearing prophets through centuries. Thats my thought.

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Re: Canadian Law?

Chacha Ghalib, bless you. Khaylay mamnoon.

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Re: Canadian Law?

The opinions came out specifically because you complained that you cannot get talaq. The overwhelming response is that this complaint is a non-issue and that you have no need of talaq, and the recommendation is that you should therefore not be concerned about talaq.

Bringing in the mixed background of your family is similarly a non-issue. In all places where marriages are conducted by islamic law, sunnis, shias, and Ismailis are all legally considered to be fully Muslim, from Morocco to Saudia Arabia to Pakistan to Malaysia.

Getting back to the topic now. As for marriages and immigration, I understand that a marriage contracted abroad still must be registered domestically in order to be legally recognised for the purposes of Canadian law. A foreign-registered marriage only satisfies the criteria of marriage for immigration purposes, not for the purpose of domestic law.

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Re: Canadian Law?

putting ur question in the religion forum u shud expect religious perspectives of the situation…

in the first place, marrying to an ahmadi was wrong…
and then there is no harm if the husband marries another woman, Islam gives him the liberty of 4 wives…
and if u r the one asking for divorce, it wud be khul’a in which case u do not have the right to ask for the mehr he gave u, u have to give it back to him…

and since ur nikah was not registered under the court of law in canada, i doubt if u can do anything much against him there either…

:bummer:

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Re: Canadian Law?

^ He's right, you are not legally recognized as being married in Canada. So you really don't have any grounds to have your ex-husband charged with bigamy, or any grounds to have the law make him to give you back your stuff.

Im guessing your relationship with your Ex wasn't built of respect, but is there anyone in his family that you can appeal to in order to get your late father's belongings back.

On a seperate note, my dua's are with you, i hope you have the faith and strenght to get through this.

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Re: Canadian Law?

…

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Re: Canadian Law?

Ramsha:Im guessing your relationship with your Ex wasn't built of respect, but is there anyone in his family that you can appeal to in order to get your late father's belongings back.
he is not ex factor yet, its becomming it. Nope, I tried but failed, my in laws changed their number.

On a seperate note, my dua's are with you, i hope you have the faith and strenght to get through this.
Im ok thanks to Allahjee. I have nothing to fear. My mama is upset but she will cool down eventually. My brothers love me unconditonally.
Im under edu, its pretty hard with such mess at personal level. Having job, working way too much. Earned nearly 19.000 after tax this month. Im hurt but not broken, it will take much more. Ive reached the absolute zero point of black hole, so there is only one way....and thats up.....thanks for your dua. Bless you.

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Re: Canadian Law?

All I can say testing time for you sister…may Allah :swt: provide you whats best for you. Either bad or good (from your point of view) always say Alahamdulillah and do not give up, keep strugling for your rights by asking Allah :swt: to provide you whats best for you.

I am not in Canada and know nothing about their laws, sorry can’t help on that.

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Re: Canadian Law?

where were your nikkah was done? I was told in canada, molvi won't do your nikkah unless you show him 3months prior legal registeration papers

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Re: Canadian Law?

Speak to a local Alim, he may be of assistance to you. Where in Canada are you?

Pyaaz Kaat Ke.....
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Re: Canadian Law?

fle for a divorce according to the family laws of the territory you are in.
You can unilateraly divorce such a despicable animal.

just so u know, no one can deny you child support and alimony.
neitheraccording to Islam nor acording to canadian law.

i tried helping someone about this. and it reflected bad on me.

but, to make it clear - injustice anywhere is a threat to justice everywhere.

if women will themselves have double standards, an keep on suffering and under the pretext of misiterpreted religion and its laws, give up on their God given rights,
do not expect men to come up to you and help you.
God helps those who help themselves.
be your own helper.

if you are really in this predicament, you need to take action now.
let that vicious creature be self absorbed, but soon he will come to his own end.

Best,

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Re: Canadian Law?

For you immigration matter…
**NO AUTHORITY **can force your husband to sponsor you. Sorry to say but dont contact a lawyer and waste money on trying to get the immigration work done cause its YOUR HUSBAND who has to sign the undertaking to take responsibility of you once you get immigration and that will happen only if he files for your sponsorship.

*I know this much about the canadian immigration . For the divorce and other settlements, i dont know much how it will work out. But May Allah make things easy for you.ameen
*
And from your statement it seems that your husband is either a canadian permanent resident or a citizen , which means he must be living in canada for atleast 2-3 years. so was your Nikkah done like 2-3 years back ?**Also, i know that ahmdy authorities do not sign off the nikkah Namma if either one of the parties is NON-Ahmady. So i doubt this nikkah was performed in a ahmady mosque. And i also know that non-ahmady imam will not perform the nikkah for an ahmady boy and a non-ahmady girl. so who performed the nikkah ?

P.S.. if you don’t mind, which country are you in ? and did you write to your Canadian consulate about this situation. They might help you in getting divorce from your husband.*

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Re: Canadian Law?

stop generalizing, for God sake.. Good and bad people are everywhere.. dont tell me in ur community ( whichever it is ) stuff like that dont happen...

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Re: Canadian Law?

Yes, I did contact Canadian embassy. Im in Europe, rather not go deeper than that. My brothers use my laptop at times, dont want it to backfire.
Well, Jamaat is trying its very best to help me out. Amir will eventually set matters straight. But they cant make him give my things back, neither all the money he took, all my savings. I have nothing bad to say about Ahmadis, if he chooses to be as he is, its not the fault of entire community or Jamaat.

Thanks for all the feed-back and prayers, bless you all. ameen.