Aslam o Alakam, I (32 years) and my whole family embraced Islam on 13 November 2010 including mom, dad, 3 brothers, 1 sister and repented from Qadianism/Ahmadiyyat but my wife (marriage held 8 Nov 2009 according qadiani law) did not embraced Islam and still following Qadianism/Ahmadiyyat and living with her parents home in other city and my daughter (3months) is still with her. I through phone and letters try to convince her and offered her to embrace Islam but she refused. Please answer the following questions.
1. What is the status of my marriage? Do I need to have any judicial judgment?
2. What are my responsibilities towards my wife and daughter?
3. Is she has a right of maintenance? Dower? Dowry article? Inheritance?
4. Who have the right of custody/hazanat of daughter?
Praises are to Allah, and peace be upon prophet Muhammed.
Qadianism is a great deviation that takes a person out of the fold
of Islam, and is a result of people following their “hawa” (whims),
instead of following the ulema. Anyone that does not give up this
grave deviated belief is a kafir (disbeliever), that will enter the hell
fire along with the other disbelievers. This is because they failed
to listen the ulema, who convey the message of Allah, and were averse to them.
If they repent, and believe in the correct teachings brought to us
by our noble predecessor ulema, then they will be on the right faith.
Otherwise they have rejected the guidance that Allah has brought to
mankind, and following new innovated false beliefs, just like what
was innovated in other religions.
The revelation of Allah flows from Angel Gabriel, to prophet
Muhammed , may Allah’s peace and blessings be upon him, to the sahabah, then to the people that follow them afterwards, in that chain.
Nevertheless, by being kind, and using wise words, hopefully you
can convince the people that are on this deviated belief to rid
themselves of this false innovated aqeedah (beliefs), follow the
aqeedah (beliefs) of our rightly guided predecessors, listen and be
devoted to our noble ulema.
For your questions,
1. Qadianis are given the same rulings as murtads (apostates). After you accepted the right belief, your wife remains for the duration of the iddat (normally 3 menstrual cycles). After that, if she does not accept the right belief, she is divorced.
2. After the iddat period, you are no longer responsible to support
your wife, except if you owed something to her. You may still get
back together after that if she repents. If she demands something for breastfeeding your daughter, you must provide her a reasonable compensation.
For your daughter, you have to provide her support, and this amount becomes a debt on you.
3. The maintenance is during the iddat period. After that, if you don’t
expect to be together, you no longer have to provide her support. For
your daughter, you have to continue providing for her, and teach her the correct beliefs; and rid her of the false innovated ideas that may have been said to your daughter.
The dower is the wife’s after sexual enjoyment with her, regardless
of if it is a monetary amount or an article. If she does not
repent, she does not inherit from you, nor do you inherit from her.
Disbelievers do not inherit from believers, and believers do not
inherit from disbelievers. If she is no longer your wife you
could leave her a bequest.
4. In this situation, where she does not repent, the child would go
the custody of the believing parent, according to the Islamic law.
If the legal system of the land prevents that custody, it is excused
because of compulsion.
This is the rulings according to the Islamic law, and Allah knows.