Question:
Assalamualaikum wa rahmatullahi wa barakatuhu,
I a married non-Muslim woman with 2 children decides that she want to be a Muslim, and her husband wants not to be a Muslim.
What should the woman then do? Must she divorce directly? Or is there a waiting period?
Please answer my question with proofs.
Was salaam
Answer:
Firstly she should refrain from all sexual activities with her husband for a period of three menstrual cycles. During this time she should try her utmost to convince her husband to accept Islam as well. If her husband still refuses, she has to ask for a divorce. If the three months have passed and her husband, if not accepting Islam, gives her a divorce she may marry a Muslim. It is not permissible to remarry before the completion of the above stipulated time. If the husband accepts Islam during the above period, their marriage remains intact.
And Allah Ta’ala knows best
Mufti Muhammad Ashraf
Darul Iftaa
Jameah Mahmoodiyah
Springs
28 June 2007
12 Jumaaduth Thaani 1428
This Q&A was indexed in 2012 from the website of Jameah Mahmoodiyah, South Africa. The original website no longer exists.