The husband breaches a condition

Q: My daughter's maternal cousin proposed to her. Before the conclusion of the marriage contract, we asked about him, and we found out that he is a very religious young man who abides by the Sunnah of the Messenger of Allah (peace be upon him) and he personally confirmed this. However, after concluding the marriage contract, we discovered that he is a liar, and that all the information we had about him was fake, as it became clear afterwards that this young man is unvirtuous and immoral, and that he is an alcoholic. Thereof, my daughter refused to marry him, and demanded to break the marriage contract. Accordingly, we went to the Islamic Center in Vienna and explained the problem to them. They said that this can only happen through the civil courts, and that this may take many years. But I will not be bound by the decision of such courts. Based on the above, I am putting this case before you, willing to do whatever you tell me, as all that we have to do is obey Allah and His Messenger (peace be upon him). It should be mentioned that we are a very conservative family, Al-Hamdullilah (Praise be to Allah), and we are popular here amongst our Saudi Muslim brothers.I hope from Allah, then you that you will write me the answer and send it on the same paper to submit to the Islamic Center, may Allah keep you safe and sound from all evil. May Allah bless your life to serve Islam and Muslims.


A: If the reality is as mentioned, then this young woman has the choice and is not bound by the (Part No. 18; Page No. 418) contract due to her being deceived by this person and whoever recommended him, and he should be given back whatever he spent if he is a Muslim, but if he is characterized by assuming any of the acts that nullify Islam, in this case the contract becomes Batil (null and void), for it being inconsistent to Allah's Shari`ah (Islamic Law) (Glorified and Exalted be He), since Allah (Glorified and Exalted be He) has prohibited the marriage of the Kuffar (disbelievers) to Muslim women in what He (Glorified and Exalted be He) says, And give not (your daughters) in marriage to Al-Mushrikûn till they believe (in Allâh Alone) Allah also says in Surah Al-Mumtahinah, They are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them. And whatever he spent should be returned to him as previously mentioned. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.


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