What is the ruling of Islamic law concerning a marriage that was contracted informally by a sheikh and witnesses in a Western country, where the husband does not work or provide for his wife and children, and demands money in exchange for divorce, and the wife is asking how she should act in this regard?

'Urfi marriage' is a term applied to a marriage not registered in court, or an agreement to marry without the fulfillment of legal conditions. It appears that the questioner's sister's marriage was performed without a wali (guardian), which is Islamically invalid, and they must be separated. If the husband refuses to divorce, she may refer her case to a Sharia judge to annul the marriage.

She has the right to claim back from the husband what she spent on her children, unless she voluntarily contributed. As for her own maintenance, she is not entitled to claim it from him unless she is pregnant, because there is no valid marriage between them.

It is not permissible for a husband to retain his wife—even if married in a valid marriage—to harm her in order to take her money, based on the Almighty's saying: "Then retain them with honor or release them with honor. But do not retain them to harm them, so that you commit aggression." As for an invalid marriage, it is not permissible to uphold or continue it.

If both parties wish to rectify the relationship and the husband intends to retain her honorably, they can renew the marriage contract in the presence of her wali or his representative, and with the fulfillment of the remaining conditions.