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Navigating Interfaith Marriages: What Are the Rules?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
as salamwalaikum, Mufti saheb i asked this question before also but no reply for me.if a hindu women is married to hindu man and she converted to islam and married to muslim man immediately after conversion. 1)should she follow iddat after coverting to islam or she can marry any muslim man immediately. 2)if she marry muslim man immediately is the child born through this nikah is llegitamate or illegitimate? 3)is this type of nikah valid in which a man leaves his first wife and children at streets and marry other hindu women only because they are in love.and do not give a single penny to his first child as second women will not like him to give his child any money for food,shelter,clothes,education etc? Pls mufti saheb answer my quries as i and my child are lying on street because my husband married a hindu women only for love and sawab?

Answer

(Fatwa: 2705/H=1093/th=1431)

(1) Islam accepted merely to marry a Muslim man is generally not deep rooted. Hence, a Muslim man should take such step after due consideration. However, the detail about the validity and invalidity of the nikah mentioned in the question is that if that woman married immediately after accepting Islam while yet three menstruating periods were not passed, then this nikah was not valid and the child too will not be considered legitimate.
فى رد المحتار: لو اسلم أحد المجوسيين ثمۃ ای فی دار الحرب ۔۔۔ لم تبن حتی تحیض ثلاثا او تمضی ثلاثۃ اشھر قبل اسلام الآخر (شامی 4:363)
But if she married after passing three menstruating periods, then according to one opinion, the nikah will be valid and the child too shall be considered legitimate. Though still it was better for her to marry after passing three more menstruating periods.

(2) It is haram and unlawful to ignore the first wife and children and marry a non-Muslim woman in un-Islamic way. It is open injustice on previous wife. Thus, it is wajib on this person (your husband) to do tauba immediately and remarry that woman Islamically, and do complete justice between both the wives and pay the rights of the children. Hadith warns sternly against it.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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