Nikaah of a Muslim woman whose husband does not want to accept Islam
Question
If a married non-Muslim woman accepts Islam and her husband does not accept Islam. He does not want to give her divorce. How can this woman get married again?
Answer
The nikaah with the non-Muslim is invalid. She is living in fornication and zina. She has no obligation to him. She should immediately move away from him.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/26362
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-26362