Legal Question in Family Law in Pakistan

hi

Hi,I have question and hope answer from you. The question is...If a non muslim married person from outside malaysia convert to islam but his/her wife/husband is not signing on divorce paper.In other words he or she is not yet divorced but he or she want divorce but cant get divorce. Can he or she marry to a muslim man or woman in Malaysia without divorce?. The point is that he or she is a foreigner but is not divorced yet ,,can he or she marry in malaysia to any muslim? . Actually i am a pakistani man and i make a Taiwani girl muslim by preaching and i want to marry her now but his non muslim(Buddhist) husband is not signing on divorce paper. So we are planning to get marry in malaysia and bring her to pakistan with me for whole life,as i cant go to taiwan direct and she cant come to pakistan direct due to some reasons. So please i need help. Hope you will reply me.

Thank you .

pakistan.


Asked on 4/30/09, 1:22 pm

1 Answer from Attorneys

Irfan Haroon Irfan Haroon & Associates

Re: hi

Once a non muslim embrace islam her non muslim husband automatically becoms Haram for her. Now as far as the divorce is concern if her husband is not giving her divorce she can file a suit for dissolution of her marriage only where she got married, i.e. Taiwan. You will have to see whether Taiwan Family Law gives a right to a woman to seek divorce from her husband. You may come to Pakistan and you can get married to her in few hours that is not a problem but what if her husband follows you here and file a suit that she had contracted another marriage while she is still his wife? We have witnessed lot of cases here in Pakistan, though you have a fairly good chance to declare her marriage null and void on the basis that she had embrassed Islam but that will be a uphill long battle. So I suggest that you ask the lady to apply for a divorce through court of law in Taiwan and after getting divorce she can come to Pakistan or Malaysia or any part of the world and she can get married according to Islam.

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Answered on 5/04/09, 2:27 am


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