Previous nikaah breaking through accepting Islam

Answered according to Hanafi Fiqh by Muftionline.co.za
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Q: I hope you can help with this question. I am a revert Muslim, I was previously married. When I was a Christian even back then my marriage with my Christian husband is in trouble, we have a very rocky marriage. When I accepted Islam, I tried to talk to him about Islam. At first he seemed to be ok with my new religion but as the years go by he demonstrated so much hate with my religion, he does not want me to practice my religious rites and beliefs and demanded me to return back to Christianity to which I object. I ask him for a separation since then which he accepts but lately when I contacted him for my wish to have an annulment. He suddenly objected to it. I wanted to marry a very good Muslim man who proposed to me because I see this man to be lawful and obedient to Islamic law. My question is am I allowed to marry this Muslim man according to Sharia law? I have read so many articles regarding this. I am confused. My Ex-husband is preventing me to practise Islam and even called my religion as devil. I don’t want to be with him anymore because of this issue and many more. What is the Sharia ruling on this? I hope you can guide me.


A: Once you have accepted Islam then you are out of his marriage. You will complete your iddat i.e. 3 monthly courses and after the iddat has ended you may marry.

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.