The Majlis Archive
Nikah (Marriage) - Talaaq (Divorce) The Majlis Vol 27 No 01, p.3

A non-Muslim woman embraced Islam.

Question

A non-Muslim woman embraced Islam. A Muslim man wants to marry her. She left the marital home due to being severely assaulted by her kaafir husband. The Muslim man has asked me to perform the nikah. Will it be proper for me to refuse? She embraced Islam a few days ago. Is there an Iddat period? If the kaafir ex-husband embraces Islam, what will be the status of the nikah, if I perform it? Does the husband have to first divorce her?

Answer

It is not proper to refuse performing the man's Nikah. It is not necessary for the kaafir husband to divorce his wife who has embraced Islam. With her embracing Islam, her marriage was automatically annulled. From the date of her accepting Islam, an Iddat of three haidhs (menses) must pass. Only thereafter may you perform the Nikah. If her exhusband embraces Islam now, then he can marry her only with her consent if she has not already married the Muslim man.

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The Majlis Vol 27 No 01
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