Darul Iftaa Mahmudiyyah

I acepted Islam 1 year ago. I have been married to a non-Muslim for 5 years. A Muslim man has asked me to marry him. Is this halal? Can I marry him while awaiting divorce from my non-Muslim husband?

· 20 Dhuʻl-Qiʻdah 1421 AH1 min readFatwa 2279English

Question

I am still living with my non-muslim husband, because I am not sure what to do. A Sunni Muslim has asked me to consider being his wife and said that I can marry him even though I am still married to my non-muslim husband. My non-Muslim husband refuses to divorce me. Please advise me on what to do and what is halal.

Answer

Your marriage with the non-Muslim has terminated upon three menses (or three months if not experiencing menses) after accepting Islam.

It is prohibited for you to stay with him. You should separate from him immediately. You may consider the proposal of the Muslim man and marry him immediately if you wish to.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT.

Answered by
Mufti Ebrahim Desai
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Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/2279
Fatawa SA: https://fatawa.co.za/fatwa/askimam-2279

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