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I got married 3-4 yrs ago, when I was a non-muslim. Our intention of this marriage was not to last and not to make it public

Answered according to Hanafi Fiqh by Askimam.org

I got married 3-4 yrs ago, when I was a non-muslim. Our intention of this marriage was not to last and not to make it public. He used to tell me that he had to go back home and not only his family will never accept me but his family will kill him if they find out. So he did not give me his phone# there. I was dating before, so I kind of acknowleged it more as dating than marrying. He left London to his home country one year ago, however not having divorced me. We kept in touch via e mail after he left. We thought about going to a third country where we can live together, leaving his family, but otherwise he said we will divorce. After he left, I felt from inside that I finally converted to Islam. a couple of months ago, my muslim friend introduced his friend to me for a potential marriage. I asked my husband about it and he said to keep talking till I decide. He said he will divorce me if I wanted to marry someone else because he couldn’t do much to take care of me from there. I like this person and wanting to marry proper Islamic way inshaAllah. He asked my hand many times. I did tell my husband so. But now, I cannot get hold of my husband. We did agree on divorce sometime in May or June when, he said, he made sure the new person will inshaAllah make me happy. However not saying Talaq three times. He told me he would divorce me the end of Summer, now he is not contacting me at all even though I e mailed him several times. the new person is wanting me to see his family ( in UAE) ASAP. I want to know what I should do. He is insisting on us visiting UAE this Christmas. I would like to have three months before that. Please give me a piece of advice, inshaAllah. JazakaAllah Khair.

Answer

We require clarity on the following points: You state you were not a Muslim when you married the person. What was your religion when you married the person?

If you were not adhering to the Christian or Jewish faith, then your marriage with the person is invalid. You do not need permission from the person to marry now. If you were an adherent of the Christian and Jewish faith, then what procedure was adopted in the marriage? If the Islamic requirements for a valid Nikah (marriage) was not fulfilled, then the marriage will still be invalid and you do not require the persons approval or divorce to marry now.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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