An invalid marriage does not require divorce to be terminated
9-2-2016 | IslamWeb
Question:
I received an answer related to fatwa no. 285583, and I would like to ask another question related to this case. After I received the answer, I was morally devastated. As I wrote before, I was just a new muslim when I said the shahadah (testimony of faith) in the UK, and when I afterwards returned back to my home country I started to learn about islam, but my knowledge was basic. After going to my future husband, who was in UAE, I started to pray in a proper way and learned about islam. My husband's mother and his sister and he claimed that the engagement party (which my husband called 'ishar') was a wedding. I was sure that everything was correct as per as the sharia law which was so much important for me. I went through horrible tests from Allaah in that place, with my husband's family. My husband's family, especially his mother and sister, did not accept me, and they did everything possible to destroy my mental health and to cause me to leave Islam. I gave birth to my son there. Due to the horrible experience and mental break down that I went through there, my husband and I left in 2011. My husband left from here to the Middle East in June 2014 because we had financial problems. I have not seen him ever since. He financially takes care of our son and me. After my husband left, I discovered that our marriage was not valid as per the sharia law and that zina (fornication) had been comitted before marriage. After discovering what had happened, I contacted a mufti in my country and asked whether I was guilty of zina because I was a new muslim, and his answer was that I was not. I told my husband about all of this. My husband did not want to discuss this issue with me. He went to make 'Umrah and repent in Makkah. After what happened, I have very strong doubts related to this marriage and whether I am supposed to continue to be with my husband. We had a lot of problems, but those that happened hit the core of my heart, and I lost all my trust in him. We have a son who is six years old now. Advise me, what would be the most proper in front of Allaah; to continue the marriage or get divorced?
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.
If what had happened did not include an Islamic marriage contract with eejaab and qabool (offer and acceptance), the presence and consent of the wali (bride's guardian), and the presence of witnesses, then this marriage is void according to the agreement of all the jurists, so you do not need a divorce in order to be separated from this man.
Marrying him again depends on whether or not he is steadfast on the religion, he has a good moral conduct in general, and you hope that the marriage with him will last; in which case you may accept to marry him.
Abu Hurayrah 
narrated that the Prophet said, “If a man whose religion and moral conduct are pleasing to you proposes to you, then let him marry; otherwise there will be great mischief and corruption on earth.” [At-Tirmithi and Ibn Maajah]
However, if he is very deficient in his religion and conduct, or if you fear that the marriage will not last with him, then you may refuse to marry him, and then you should supplicate Allaah to bless you with a better husband. You should seek the help of your Muslim sisters and brothers in the search for a righteous husband. As regards your son, Allaah will protect him, Allaah willing.
Allaah knows best.