Darul Iftaa Mahmudiyyah

Is my Nikah still valid after I reverted?

· 23 Shawwal 1442 AH1 min readFatwa 47462English

Question

Dear brother in Islam, I am a newly revert. I was married in a church ceremony before my conversion. I have since separated from my husband 4 months ago. Do I have to take any steps to be considered divorced Islamically? We are soon to be getting a legal divorce. Or was the marriage never valid in terms of Islam? I am asking so I know whether I am free to remarry if I meet the right person.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

We are pleased to note that Almighty Allah has favored you and guided you to Islam. We make du’aa that Allah Ta’ala keep you steadfast on Deen. In principle, if a wife accepts Islam while her husband is a non-Muslim, Islam will be presented to him. If he refuses to accept Islam, then the marriage will automatically break and her ‘iddah will commence.

The ‘iddah is three menstrual cycles if you experience menses or three months if you do not experience menses. If in the past eight months you experienced three menses, then your ‘iddah has terminated. Accordingly, it is permissible for you to remarry.

And Allah Ta’āla Knows Best

Ibn Aḥsan

Student - Darul Iftaa

New York, USA

Checked and Approved by,

Mufti Ebrahim Desai.

Answered by
Ibn Aḥsan
Checked & approved by
Mufti Ebrahim Desai
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/47462
Fatawa SA: https://fatawa.co.za/fatwa/askimam-47462

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