QuestionsCategory: Marriage & DivorceCould I divorce and how?
Amina asked 2 years ago

I am a convert from China, I never had any close contact with any Muslims before. Then I want to get married and hope my husband could protect my deen. I married a born-Muslim, but later found out he was not what I think of.
In his religious life, he rarely prays, mocks those who pray, and does not allow me to wear hijab. He belongs to some Chinese Jahriah Sufi sect and does not want me to go to masjid, which he believe spread Salafiya ideology which he does not like.  But he engages in some mystical practises and also relies a lot on someone he calls a sheik and who he claims to show a lot of miracles. Anyway, I do not want to criticise the sects. But clearly  we can’t agree on this aspect.
In his secular life, he does not like to take a job, just takes some part time once in a while. I have to work to pay for our food (he pay only part of our rent), and because of this, my non-Muslim parents have to take care of our daughter and pay for her living. I previously intended that my marriage would improve their view on Islam, but now they have negative feelings about Muslim.
After all those failed attempts to make him change, and it is not fair to change someone too, I want to divorce, and had done a lot of bad things to make him divorce me. Including throw bad temper at him and running away from him. Etc. But he is determined not to divorce me either by sharia or by Chinese law until he find another wife, which is really impossible for his condition. So I am determined to file my divorce case to a Chinese court. The court would divorce us because we are separated for two years. I know it is my fault because prior to marriage I took it for granted that traditional Muslims must be better then me, so I didn’t do a close research about him.
My question is: would my divorce valid if the Chinese court by secular agrees it? (I didn’t require dowry because he was poor) and what about our daughter? He had been threatening me with taking our daughter. Although the change is almost 99% for the court to give the kid to me. I know sharia says it is the father to take children, but he and his family is poverty stricken, so I do not know whether he should take our daughter in this case.

1 Answers
Best Answer
ISCC Staff answered 2 years ago

Assalamo Alykum,
 Yes, you can file for divorce in the court. Islam recognizes the divorce declared by the courts of the country you live in. May Allah help you.