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Fatwa CenterHe married a Hindu woman to convert her to Islam
Question
Assalamualeikum rahmatullah Dear Shykh, i am new convert to islam from nepal, my question is, i married to hindu girl according to hindu custom hoping her to convert to islam, later she converted and we did a marriage contract in mosque (without her waiting period after intercourse) later we knew that she was not pregnat, so please advise me do we have to renew marriage contract and is previous marriage considered zina? if so what should i do please kindly advise me
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.
First of all, we thank and praise Allaah Who guided both of you to Islam and we ask Him to make you firm and steadfast on His Religion until the day you meet Him. We advise you to seek beneficial knowledge, perform good deeds and attend Islamic circles and avoid bad company.
What we understand from your question is that you first married this girl before she embraced Islam, and that you had an intimate relationship with her as a husband, and then you conducted another marriage contract with her in the mosque after she embraced Islam but before she observed her waiting period to make sure that she was not pregnant. If this is the case, then our answer to your question is as follows:
Firstly: it is not Islamically permissible for a Muslim man to marry a non-Muslim woman who is not from the People of the Book (Jews and Christians). Allaah Says (what means): {And do not marry polytheistic women until they believe.} [Quran 2:221] Therefore, your first marriage to her is void. For more benefit, please refer to Fatwa 87895.
Besides, your intimate relationship [sexual intercourse] with her was unlawful; however, if you did not know that this was forbidden, then you are not sinful, but the marriage is void as we have already mentioned.
Secondly: as to your marriage to her in the mosque before she observed her waiting period in order to make sure that she was not pregnant, there is a difference of opinion among the scholars about its ruling. Some of them are of the view that such a marriage is void while some others are of the opinion that it is valid. According to this last opinion, the marriage is considered valid and you do not have to renew your marriage contract again.
This answer is given to you according to what we understand from your question. If the matter is not as so, then please clarify it to us so that we can issue you with an appropriate Fatwa.
Allaah Knows best.
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