Is it permissible to marry a foreign woman who is married to a foreign man, and she is separated from him, knowing that the law of her country does not permit her to marry until 3 years have passed since the separation, and is this law disregarded if she embraces Islam?
The mere separation of a couple is not considered a divorce; the marital bond remains intact, and it is not permissible for the woman to marry anyone other than her husband, as Allah Almighty says: "And [also forbidden are] all married women except those your right hands possess." If her husband divorces her and her waiting period (iddah) ends, it becomes permissible for her to marry another man, even if the court has not ruled on it.
If the woman is a disbeliever who is not from the People of the Book, it is not permissible for a Muslim man to marry her, as Allah Almighty says: "And do not marry polytheistic women until they believe." If a disbelieving woman embraces Islam and her husband does not, her marriage is annulled. If her husband embraces Islam during her waiting period, she returns to him. If he does not embrace Islam by the time her waiting period ends, it becomes permissible for her to marry another man.
A Muslim should not marry a woman whom the law still considers married to another man, to avoid legal problems. He should strive to marry a righteous Muslim woman.
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- Original fatwa ID
- 123977
- Imported
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- Source text, unreviewed
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