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Marriage with a person who has no religion

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I have a Muslim friend. She living in a non-Muslim country and married to a man who follows no religion. She doesn’t know about Islam much. In that country rule they are husband and wife. How she can marry a Muslim now? Even though she is not in relationship with her husband for a long time. Please guide me in this regard. Is she in need of a divorce from that man or not?

Bismillaah

A: Marriage with a person who has no religion is invalid. She needs to break away from him and marry a Muslim person.

No. Nikaah with him is not valid.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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