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Fatwa CenterShe Embraced Islam but Her Atheist Husband Refuses to Divorce Her and Threatens Her to Take Children
Question
I'm a revert, and I am legally married but seperated to an atheist,due to abuse. I have asked and asked for a divorce, he doesn't want to give me one easily, and threatens to take my children. My question is how can I marry a muslim man now if he wont divorce me. I know a muslim woman cant be married to anyone but a muslim man, so its invalid, but im still legally married!
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad 
is His slave and Messenger.
First of all, we congratulate you upon the blessing of embracing Islam, and we ask Allah the Almighty to help you to be steadfast on it. We advise you to be keen on seeking beneficial knowledge, performing righteous deeds, and keeping company with righteous women.
If your husband is a non-Muslim, so by embracing Islam your marriage to him is annulled. There is no bond of marriage between you and him unless he embraces Islam during your 'Iddah (waiting period) from him.
Being considered as his wife in accordance with the law does not make you his wife and does not prevent you from Islamically marrying someone else after the end of the 'Iddah. However, as long as you are related to this man by law, you will not be able to marry, and therefore it is necessary to wait before marrying in order to avoid legal accountability and embarrassment.
We advise you to contact your brothers in Islamic Centers to help you solve this problem.
Allah knows best.
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