Title

Would like to know if a non muslim woman who is married becomes muslim is her marriage to the non muslim male still valid or is she Halaal for a muslim man?

Question

Would like to know if a non muslim woman who is married becomes muslim is her marriage to the non muslim male still valid or is she Halaal for a muslim man?

Answer

In the name of Allāh, Most Gracious, Most Merciful

Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh

If a non-Muslim woman who is married becomes a Muslim, in a Muslim country the Qaadi (Muslim Judge) will present Islam to the husband. If he refuses to accept Islam, the Qaadi will issue a decree of separation between the two. This decree of separation will be considered a Talaaq.

(Hidaya Vol. 2, Pg. 346,Multan)^[1] 

 This Talaaq will be an irrevocable one. (Talaaq e Baain)

(Raddul Muhtaar, Vol.3 Pg. 189, H.M.Saeed.)^[2]

If a married woman accepts Islam in a non Muslim Country and the husband does not accept Islam, she will wait for three menstrual cycles. Thereafter, her Nikaah will terminate with one Talaaq-e-baain.^[3]

( Hiyla tun  Naajiza Pg. 106 Isha`at )
 (Raddul Muhtaar Pg.192 HM Saeed)^[4]
(Fatawa Tatarkhaniya Pg.182,Vol.3 Ashraf Manzil)

And Allāh Ta῾āla Knows Best

Wassalāmu ῾alaykum

Ml. Muhammed Sindhi,
Student Dārul Iftā

Checked and Approved by:

Mufti Ebrahim Desai
Dārul Iftā