Is it permissible to marry a recently converted Muslim woman who separated from her disbelieving husband two years ago, and is not divorced due to the difficulty and cost of divorce, and out of fear of her family after her conversion to Islam?
A woman who embraces Islam must inform her husband of her conversion. If he also embraces Islam, their marriage remains valid. If he does not embrace Islam, they are to be separated, and she must observe the 'iddah (waiting period). If he embraces Islam during the 'iddah, they remain married. Otherwise, the marriage between them is dissolved, in accordance with the Almighty's saying: "Then if you ascertain that they are believers, do not return them to the disbelievers; neither are they lawful [wives] for them, nor are they lawful [husbands] for them" and "And hold not to the marriage bonds of disbelieving women."
If the 'iddah expires and the husband has not embraced Islam, then it is permissible for her to marry at that time. Her marriage will be conducted by her Muslim guardian (wali). If a guardian is not available, then by a Sharia judge. If that is also not possible, then by a delegate from the trustworthy Muslims.
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- Original fatwa ID
- 101923
- Imported
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