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Fatwa CenterEmbraced Islam and married without getting divorce from her non-Muslim husband
Question
Assalam walekum warehmat allah wabaraka tuho A woman married to a Christian man and later converted to Islam and marries a Muslim man without getting divorce from her first husband, is it legal? Please advice Thank you Sameer Shaikh
Answer
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 a woman becomes a Muslim and her husband is a non-Muslim, it is not permissible for her to allow him to have sexual intercourse with her. If her waiting period expires and her husband does not become a Muslim, it becomes permissible for her to marry another Muslim man.
Therefore, if this marriage took place after her waiting period had expired from her first husband, then it is a correct marriage contract provided it fulfilled the conditions of a correct marriage; for more benefit, please refer to Fatwa 83629.
However, if this marriage took place before her waiting period had expired from her first husband, then it is an invalid marriage. Hence, the second husband should renew the marriage contract with her fulfilling the conditions and pillars of a correct marriage, among which is the consent of a Muslim guardian. If she has no Muslim guardian, she may appoint a Muslim man to this effect. For more benefit, please refer to Fatwa 88488.
However, a Muslim man or woman should avoid the matters which may expose him/her to humiliation. Therefore, if the law of the land where the mentioned Muslim woman lives considers unlawful for a woman in her case to marry before getting the divorce papers and exposes her to punishment, then she should not marry until she completes the procedures of divorce in order to protect herself from harm.
Allaah Knows best.
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