Is marriage to a recently converted Muslim woman who is still legally married to a non-Muslim man considered valid Islamically and legally, and what is the ruling concerning the children if the marriage is null and void?
If the wife embraces Islam while her husband remains in disbelief, the marriage is dissolved upon the expiry of her (waiting period). If he embraces Islam before the expiry of the iddah, the marriage remains valid. If he does not embrace Islam until the iddah ends, the marriage is dissolved from the moment she embraced Islam.
Thus, if you marry her after the expiry of her iddah, your marriage is legally valid, even if she remains legally married to him in the eyes of the law. However, if the marriage took place before the expiry of her iddah, the marriage is void, and she must complete her iddah before you can marry her.
She must legally terminate the previous marriage to avoid unlawful inheritance issues and manipulations to obtain grants, and to document your marriage and preserve your rights and the rights of your children. This cannot be achieved except by her first husband divorcing her.
The child born from your marriage is attributed to you, whether the marriage was valid (after the iddah) or void (before the iddah) due to the belief in its validity. This matter should be handled with gentleness and wisdom.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 5911
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy