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Im christian and married but has been separated for10 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.
Firstly:
We ask Allah to bless you and enable you to enter His religion, and we
hope that that will be in the near future.
Secondly:
If a woman becomes Muslim and her husband 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 she may wait in thehope that he may become Muslim one day.
Ibn al-Qayyim (may Allah have mercy on him) said: What is indicated by
the ruling of the Prophet (blessings and peace of Allah be upon him)
is that the marriage contract is put on hold; if he becomesMuslim
before the end of her 'iddah, then she is his wife, but once her
'iddah ends, she may marry whoever she wants, or if she likes she may
wait for him, and if he becomes Muslim then she is still his wife,
with no need for a new marriage contract.
End quote from Zaad al-Ma'aad fi Hadi Khayr al-'Ibaad, 5/137
For more information please see the answer to question no. 21690
Based on that, if you have become Muslim and your 'iddah has ended,
and your husband has not become Muslim, in this case it is permissible
for you to marry a Muslim man and it is not stipulated that you
shouldget a divorce from the firsthusband, 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 before theother, and the husband had already
consummatedthe marriage with the wife, it is not permissible for the
husband to have intercourse with the wife, and the marriage is
suspended until the end ofthe 'iddah. If the partner who had not yet
become Muslim does become Muslim before the end of the 'iddah, then
the marriage is still valid. But if he does not become Muslim before
the end of the 'iddah, then the marriage is ended, and it is an
annulment without adivorce, and the woman may marry whoever she wishes
from that point.
End quote from al-Umm, 5/49
The length of the 'iddah inthis case starts from the time when the
wife became Muslim and it lastsfor three menstrual cycles if she
menstruates, three months if she has passed menopause, and until she
gives birth if she is pregnant.
And Allah knows best.
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Wednesday, September 26, 2012
A married Christian woman wants to become Muslim and marry a Muslim man
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