Can I Leave a Sham Civil Partnership After Reverting to Islam?

Answered by Shaykh Jamir Meah

Question: Assalamu alaykum

A few years ago I agreed to help a bangladeshi muslim guy to get his visa, by sponsoring him as a civil partner. I was an atheist. 1 year ago I became muslim and married someone else. The bangladeshi man would love for my husband to disappear from the picture. He keeps telling me that if I leave him before he gets his visa, I will definitely provoke the anger of Allah because we made a deal. Should I stick to my promise?

Answer: Wa’alaykum assalam. Thank you for writing in. May Allah make your affairs easy.

Sham marriages for the sake of citizenship or visas are illegal in most countries and are also not permitted in the shariah. The most important reason being that it is against the law of the land that one is obliged to abide by through their own citizenship. Islam obliges us to uphold our agreements. The Prophet ﷺ said,

‘There are four characteristics, whoever has all of them is a true hypocrite, and whoever has one of them has one of the qualities of a hypocrite until he gives it up: when he is trusted, he betrays; when he speaks, he lies; when he makes a promise, he breaks it; and when he disputes, he resorts to slander.’ [al Bukhari, Muslim]

Sham Marriage

Despite actually performing an ‘Islamic’ wedding ceremony, because you were an atheist at the time of pretend marriage, the marriage was invalid.

It is imperative that this situation is resolved as soon as possible, as the problems you are facing due to the pretend marriage are multiple, particularly as it is causing you and your husband problems.

It is also impermissible to carry on pretending you are married, holding hands for photos etc., and this is another reason to resolve the issue straight away. The fact that no one knows when and if he will be granted his visa adds further complications.

Financial Arrangements

Because the whole set-up is invalid, any agreement you have had between yourselves, such as financial help for the marriage contract, is also void.

If it was agreed or promised that the money he has paid for your rent was in exchange for the marriage contract and completion of the visa process, then you should pay him back the money he spent on you according to your understanding. The reason being is that it is impermissible to take money in an agreement or transaction that is invalid, and one is therefore obliged to pay it back. [Hashiyah I’anat al Talibin]

If, however, there was no agreement, and he merely paid your rental money as a gesture or gift, then you do not have to pay back anything. Nor do you have to pay for any money spent on other expenditures, such as solicitor fees etc.

Way Forward

Despite his threats that you’ll be the provoking the Anger of Allah, the reality is that the real sin for all involved is in continuing the deceit. Therefore, stopping it now is the best option for both of you, and for your husband.

Be firm and tell him that it was wrong in the first place and you are not willing to continue with the process.

At the same time, if you are able to, as a gesture to soften the blow, perhaps offer him some form of compensation or a gift, as I’m sure he will be heartbroken after spending his money and time so fruitlessly. Though this is not binding on you, it may lessen any bad feelings.

I pray that Allah resolves the issue for you all with ease.

Warmest salams,
[Shaykh] Jamir Meah

Shaykh Jamir Meah grew up in Hampstead, London. In 2007, he traveled to Tarim, Yemen, where he spent nine years studying the Islamic sciences on a one-to-one basis under the foremost scholars of the Ribaat, Tarim, with a main specialization and focus on Shafi’i fiqh. In early 2016, he moved to Amman, Jordan, where he continues advanced studies in a range of Islamic sciences, as well as teaching. Jamir is a qualified homeopath.