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36,16722/09/2012

A married Christian woman wants to become Muslim and marry a Muslim man

Question: 190033

Im christian and married but has been separated for 10 years without legal procedures.I was planning of turning to Islam? can i marry a Muslim man after I converted to Muslim even though my first marriage is not annulled?

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

Firstly:

We ask Allah to bless you and enable youto enter His religion, and we hope that that will be in the near future.

Secondly:

If a woman becomes Muslim and herhusband does not become Muslim until her ‘iddah(waiting period following divorce or separation) is over, thenit is her choice. If she wants she may marry someone else or if she wants shemay wait in the hope that he may become Muslim one day.

Ibn al-Qayyim (may Allah have mercy on him) said: What isindicated by the ruling of the Prophet (blessings and peace of Allah be uponhim) is that the marriage contract is put on hold; if he becomes Muslim beforethe end of her ‘iddah, then she is his wife, but onceher ‘iddah ends, she may marry whoever she wants, orif she likes she may wait for him, and if he becomes Muslim then she is stillhis wife, with no need for a new marriage contract.

End quote from Zaadal-Ma‘aad fi Hadi Khayr al-‘Ibaad, 5/137

For more information please see theanswer to question no. 21690

Based on that, if you have become Muslimand your ‘iddah has ended, and your husband has notbecome Muslim, in this case it is permissible for you to marry a Muslim man andit is not stipulated that you should get a divorce from the first husband,because the marriage was annulled when you became Muslim.

Imam ash-Shaafa‘i(may Allah have mercy on him) said: If one of the spouses became Muslim beforethe other, and the husband had already consummated the marriage with the wife, itis not permissible for the husband to have intercourse with the wife, and themarriage is suspended until the end of the ‘iddah. Ifthe partner who had not yet become Muslim does become Muslim before the end ofthe ‘iddah, then the marriage is still valid. But ifhe does not become Muslim before the end of the ‘iddah,then the marriage is ended, and it is an annulment without a divorce, and thewoman may marry whoever she wishes from that point.

End quote from al-Umm, 5/49

The length of the ‘iddahin this case starts from the time when the wife became Muslim and it lasts forthree menstrual cycles if she menstruates, three months if she has passedmenopause, and until she gives birth if she is pregnant.

And Allah knows best.

Source

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