Embracing Islam makes a wife unlawful for her non-Muslim husband Fatwa No: 163641
- Fatwa Date:12-9-2011
eight years back i come to know a non muslim lady who was married and having 2 kids.she converted to islam and was asking me to marry her...i was not sure though that i loved her so much and she loved me.she had already done tubal ligation and i am never married...last year she got out side of her non muslim home and was asking me to marry her...i travelled outside her country as i was student and come back to marry her...i found out that she has shifted back to her non muslim husband home claiming that she has duties towrds her kids (17,14 years) and told me she is over the idia of getting married to me she wants me to marrey from my country...i have been insisting tht she marry me whtever is the condition for islam sake and our love for 8 years...i feel guilty that i did not accept that time because she wanted to do omra and haj...her non muslim refused to divorce here during last year and know she is refusing to marry me though that i have told her we can make IVF for our own child... pleas help me she is there praying in hidding and she is telling me may be she will fast or not...she is making me feeling sad and confused want to marry her and feel Allah will help me since my salary is not mush and her non muslim hindu husband is very very rich...Help me what to do...Jazakum allah Khair..
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
If this woman has embraced Islam, it is unlawful for her to remain with her non-Muslim husband, and it is due on her to leave him as we have previously clarified in Fatwa 84226.
Once she leaves her non-Muslim husband, by means of divorce or annulment of marriage, and her ‘Iddah (waiting period) is over, it is permissible for you to marry her, but you are not obliged to do so. For further benefit, see Fatwa 105117.
Here, let us emphasize that marrying her before she is legally and officially divorced from her previous (non-Muslim) husband involves risks and major problems. For more information, refer to Fatwa 107894.
However, there is no objection that you assist her to adhere to her faith in Islam through Muslim sisters who are involved in calling to Islam, Islamic centers or the like. But you should beware of being lenient with regard to the rules of Sharee’ah in dealing with her. For further information, see Fatwa 81356.
Allaah Knows best.