Re: nikah validity..
btw you have to PROVE annulment. So someone would want to check if marriage was consummated. :P
Not really Dem.
The annulment is according to US laws...in Islam, you'd have to have a khula or divorce.
Re: nikah validity..
As they both are not physically at one location, so after divorce she will not need to sit for three month in iddat(period of waiting.)
Re: nikah validity..
Not really Dem.
The annulment is according to US laws...in Islam, you'd have to have a khula or divorce.
in khula you forgive your haq mehr
talaq is a LONG process in islam otherwise when initiated by woman
Re: nikah validity..
Demesme how is that to be proven, thats nonsence. And who would that someone be? I am waiting till his parents contact mine, since he has issues wid me. But he kept saying tell ur mom to contact mine (coward)... But i noticed yest he deleted me from fb and blocked whatsapp... So im waiting...dont know for how long... Im sad, but want to be prepared hence this topic.. Thank u...
i am sorry, it is a ridiculous law. how it is to be proven is sordid and sickening to contemplate, so i wont go into it. in the western world, it needs proving.
Re: nikah validity..
Grounds for an annulment vary from one jurisdiction to another. The concept behind it is that the marriage should be undone and the couple should go back to the state of being before the marriage took place - in effect, you’re trying to erase the marriage.
An annulment can be granted on the basis that the marriage took place under duress, there was fraud involved in the marriage (bigamy), the two parties cannot be married (incest), or that the two individuals cannot consumate the marriage (see below for other reasons for granting an annulment under German law).
This last - about consumation of the marriage differs from one jurisdiction to another. In some jurisdiction it means CANNOT be consumated - not that the couple chose not to consumate the marriage, rather that the couple COULD not consumate the marriage. This may differ from one jurisdiction to another where it may be granted on the basis did not consumate, whether it was choice or medical limitation. According to the excerpt below citing German law, it states that the two parties did not INTEND to have a matrimonial relationship at the time they got married.
8. What are the conditions for marriage annulment?
Pursuant to Section 1314 BGB, the following constitute grounds for marriage annulment:
- One spouse is not of full age or has not been validly exempted from this requirement.
- One spouse is legally incompetent.
- One spouse is already married.
- The spouses are directly related to one another or are full or half siblings, even if the family relationship has been extinguished by adoption.
- The parties entering into the marriage have not made the declarations about entering into marriage personally and present at the same time before the civil registrar or have made those declarations subject to a condition or a time restriction.
- One spouse, at the time when he entered into the marriage, was unconscious or his mental faculties were temporarily disturbed.
- One spouse was unaware, at the time when he entered into the marriage, that he was entering into a marriage.
- One spouse has been persuaded to enter into the marriage as a result of fraud.
- One spouse has been unlawfully persuaded to enter into the marriage as a result of threats.
- **Both spouses agreed, at the time when they entered into the marriage, that they did not intend to have a matrimonial relationship. **
http://ec.europa.eu/civiljustice/divorce/divorce_ger_en.htm#7.
As to whether or not you need to prove this or how you would go about proving this, I can’t imagine what sort of a medical test or certificate they could require to prove intent as opposed to ability.
Obviously the choice is yours to figure out whether getting an annulment is preferred or a divorce and whether you have grounds for an annulment (I actually suspect you don’t).
Mind you, in the eyes of the faith and the community - it will still be a divorce since annulment is not a Islamic concept.
Re: nikah validity..
btw you have to PROVE annulment. So someone would want to check if marriage was consummated. :P
in the western world, it needs proving.
Please excuse my ignorance but could you please clarify this? Are you saying that if a girl files an annulment in the "western world" citing unconsumated marriage as a reason, that she needs to "prove" that she's a virgin? And since the "western world" includes many different countries with very different laws.....could you please specifiy which country has this type of requirement?
Re: nikah validity..
:k: Since OP is in Germany, she’ll need research exactly what German law requires but at least in the U.S…CHOOSING not to consumate the marriage is not an option for annulment.
As for the last part (ie. not intending to live as a married couple)…if OP has filed any type of immigration documents for her hubby…she should make sure this “option” won’t cause her any problems with the immigration officials over there.
And yes, just like you said…even with a legal annulment…the desi community will still consider it a divorce.
Re: nikah validity..
in khula you forgive your haq mehr talaq is a LONG process in islam otherwise when initiated by woman
In khula, you have to give your mehr BACK. Not forgive it.
i am sorry, it is a ridiculous law. how it is to be proven is sordid and sickening to contemplate, so i wont go into it. in the western world, it needs proving.
Not really.
You file for an annulment within three months of the marriage, say he/she lied to me and this marriage is not valid for whatever reason and you get it. I know because mine was initially an annulment.
The only reason I let it turn into a divorce was because if I didn't he'd have gotten deported and never been able to make a life for himself here.
Re: nikah validity..
In khula, you have to give your mehr BACK. Not forgive it.
Not really.
You file for an annulment within three months of the marriage, say he/she lied to me and this marriage is not valid for whatever reason and you get it. I know because mine was initially an annulment.
The only reason I let it turn into a divorce was because if I didn't he'd have gotten deported and never been able to make a life for himself here.
wow Reha, thats awfully nice of you; to go through the inconvenience of a divorce and having it on the record just to help someone else out. I don't think i could ever be that magnanimous. Kudos to you.
Re: nikah validity..
Please excuse my ignorance but could you please clarify this? Are you saying that if a girl files an annulment in the "western world" citing unconsumated marriage as a reason, that she needs to "prove" that she's a virgin? And since the "western world" includes many different countries with very different laws.....could you please specifiy which country has this type of requirement?
No need to get so picky paheli, I am bringing to the OPs attention a fact that she may have overlooked. To look into this matter is her problem, not mine. I could have let this post pass without contributing, but I told her what I know.
Re: nikah validity..
In khula, you have to give your mehr BACK. Not forgive it.
Not really.
You file for an annulment within three months of the marriage, say he/she lied to me and this marriage is not valid for whatever reason and you get it. I know because mine was initially an annulment.
The only reason I let it turn into a divorce was because if I didn't he'd have gotten deported and never been able to make a life for himself here.
Yes I think there are terms for Khulla also, besides annulment rules. Like you mentioned how you have to say he lied and whatnot. I think she is past the three month limit though
Re: nikah validity..
No need to get so picky paheli, I am bringing to the OPs attention a fact that she may have overlooked. To look into this matter is her problem, not mine. I could have let this post pass without contributing, but I told her what I know.
I'm not trying to be "picky". You stated on 2 different occasions that she needed to prove something. You statements gave me the impression that you knew for a fact that she needed to prove that she's a virgin in a western country. I've never heard of a law like that regarding an annulment so I wanted clarification that's all. Heck if there is a western country that in fact does require it.....I would love to know about how that works.
Anyway...back to the thread. :)
Re: nikah validity..
wow Reha, thats awfully nice of you; to go through the inconvenience of a divorce and having it on the record just to help someone else out. I don't think i could ever be that magnanimous. Kudos to you.
Thank you for saying that...:)
Re: nikah validity..
It's so sad to see , such inconsiderate people exist in this world...May GOD do what's best for you dear... inshAllah
Re: nikah validity..
Our nikah was done in pakistan, it is still not registered in germany since his birthcertificate is still being made.. so cz of this i havent filed any immigration application for him yet.
Reha, sorry to hear. Hope ur okay now. I would like to hear what happened and how u handled it... if you want to share, let me know in pm.
Re: nikah validity..
Omg Funky nails this is sort of my problem too. I am 19 years old and am nikkad, no consummation. Now that he is in the states, he has made my life hell. My parents realize it too, and I want to end it. I cannot bear the pain that he has already put me through, and cannot imagine the fact what he might put me through. I really want to end it, but my parents are consistently saying no he will get better. I don't even know what to expect anything from anyone anymore.
Re: nikah validity..
Omg Funky nails this is sort of my problem too. I am 19 years old and am nikkad, no consummation. Now that he is in the states, he has made my life hell. My parents realize it too, and I want to end it. I cannot bear the pain that he has already put me through, and cannot imagine the fact what he might put me through. I really want to end it, but my parents are consistently saying no he will get better. I don't even know what to expect anything from anyone anymore.
sorry to hear. would u mind telling what ur main issues are/is?
Re: nikah validity..
Do u know why is he behaving like this?
Did he told you anything?
Was he like this before?
I think you should wait for few days and see if he calls you back
Re: nikah validity..
he did call me bac... i told him im not sure of our marriage anymore. adn need some space, coz after d call he kept texting me daily.... mayb im weird but that made me even more angry. so i told him, i want my space and i need to time to think... 2 days later again: how much time do u want, coz im feeling very insecure coz were not communicating.... pffffffffffff
He does not want to end things wid me...he made that clear...
i dont feel like talking to him or looking at his face... or thinking abt him at all....
i want to be happy and i want him to be happy... if hes not happy wid me, i cant b happy either....
Re: nikah validity..
^Did he give you a reason why he was blanking you and what he was up to all that time? The second thing would worry me a lot..
Are you on good-terms with any of his family (maybe a sibling) or friends? You need a clearer picture of what's going on when you're not there and he's not communicating..