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Married to a non-practicing Muslim and unhappy

Question

I got married since almost one year of an American lady and before we got married she told me I'll be a Muslim like you and I'll stop smoking. So I liked that so much and I said that would work good for me and my wife she will be a Muslim and we will get the reward of Allaah of that and she will stop smoking (she doesn't drink) and I was so happy. She told me I cannot have kids because I had a surgery when I had my first son from my ex-husband (her son lives in his home not with us) and I'll never give you kids I accept that and I told her its my destiny (Maktob Allaah) and may god make us happy together and I told her you will be like my kid and wife and I'll be like your kid and husband so we take care of each other..... and then I came to USA to live with her and day after day month after month she never stop smoking and she always say I'm addicted Sammy I cannot stop I get nervous and I need the smoke I told her yes I'm not asking to stop once just try to smoke 10 cigarettes for a day for one month then the 2 month go to 6 and then the 3 months less more till you get ride of this bad manner because I hate to see my wife smoking and also I hate to smell that on her its nasty stuff .....and when ever I start talking to her about it she get so mad and nervous at me sometimes and saying like I'm just finding excuses to leave her because I got my papers in USA now but I swear by Allaah before I got married her I never thought I'll use her for only to come to USA and make my papers Wallaah Shaahid...I loved her and I was so happy I have a wife because my age is 34 and I'm getting older and the marriage protect single man like me to do a sin ...I was so happy I'll have a house and a wife and all that stuff a man can proud of to his parent and friends. Further of this after one year she never practices anything of Islam. Last Ramadhaan she did not fast too and she said I cannot I would die if I fast I tried to explain to her about Ramadhaan and the goal of it but nothing. She fasted 2 days that's all she did in the whole month after I insisted to her. I feel sad because she didn't practice any Islam fasting and praying. She did not stop smoking plus some times when she got bad news of her family or something happened she say that Christian symbol (Jesus Chris) I told her a Muslim should not say church this words we should not (A ta sha boh bel masehyen) she said come on its just a word don't make a problem of this. Also I want move from this city I live in but she never listening to me like I have no opinion and I'm not the husband and she is the husband and its her who decide not me the man. Now I regret even why I got married her and live such this miserable life. I feel my life and my age is going older and older. I feel guilty because she des not practice Islam I feel like that god is not happy with me and top of this when I think to leave her and divorce I feel so bad inside me like I used her and I swear I never had that thing in my mind to use her I got married her as I said with the intention to spend my life with her (Wallah Shahid).....I feel that if I divorce her god will be mad at me and (yawm Hesaab she will come to me and tell me you left me and you didn't stand by my side and you used me only ) I feel like I'm accountable (yawm hessab ) because I could not stop her smoking and I could not making her practice Islam I could not make her change her self and be more like Muslim woman.
Please before I got married her she told me I believe in god but I'm not Christian and I don't practice any religion and I'll be a Muslim like you.
Please tell me what the right thing I can do ....I would just stay with her and bear or divorce her. Also if I'm accountable if I divorce her and if she will come to me (yawm hessab) and tell me its my fault and I'm responsible. Please tell what to do in this exact case I'm in?

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 Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

We have said in a Fatwa: "Religion is one of the most important foundations which helps the stability of the family. That's why Islam urges us to consider religion when choosing a wife. The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said regarding the type of woman we can consider for marriage: "Choose the religious one, you will prosper." [Al-Bukhari and Muslim] He  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) further said: "If a man whose religion and moral character are pleasing proposes to marry your daughter, then marry her off to him." [At-Tirmithi] So we advise you to endeavour to turn your wife into a righteous woman and seek Allaah's Help then the help of righteous and pious people. You have to use every permissible means that could help you achieve this purpose.... However, if all these means are of no avail, then there is no good in staying with a wife who does not abide by the religious obligations. Such a woman is a danger on the moral conduct and belief of the children, so divorce her." See our Fatwa: 89847.

Allaah knows best.

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