Nikaah breaking through the husband becoming murtad
Q: I was in love with a Hindu boy for the last five years. When we decided for the marriage, I asked him to accept Islam and spend some time in Tablighi jamat before marriage. He accepted Islam legally and completed all of the mandatory requirements for conversion. He also spent few days in Tablighi Jamat. Then I married him on January 23, 2015. He promised me and my family members to lead Islamic life throughout the life. After few days from the marriage he was informing me to finish all of my prayers before he reaches home and few problems started. He offered prayers on Fridays for two weeks. After 2 months from the marriage he said he doesn’t believe in prophets, Life after death etc and they are all stories. After sometime I got separated from him in the month of july 2015 as he said he doesn’t believe in Islam in his own words but he was not ready to give Talaaq as he was loving me lot. Whenever I asked for Talaaq he used to say that he can’t live without me and used to refuse it. I m staying separate since August 2015. Finally, he agreed for khula in September 2016. I married to a Muslim guy within 3 days from the date of receiving my khula papers. When my family members came to know about this marriage, they are questioning me that, I didn’t spend my iddah period of 3 months and my new marriage will not be valid. I assumed that my marriage is already broken on the day when he informed me that he doesn’t believe in Islam, Prophets and life after death etc. Could you please suggest me if I need to spend iddah period now or it’s already passed? Personally I didn’t spend Iddah period as I’m a working woman. Also, please let me know if my new marriage is valid or not.
A: Your nikaah had broken from the time he had left the fold of Islam. Since the nikaah had broken, there was no need for you to ask him for a talaaq or make khula’ with him. Your iddat commenced from the time the nikaah had broken. Hence, if three menstrual cycles had passed before you remarried, then your iddat had terminated and your nikaah with the second husband is valid. However, if you remarried before the completion of the three menstrual cycles, then your nikaah is not valid. After completing the three menstrual cycles your iddat will end and thereafter you should repeat your nikaah will your second husband.
And Allah Ta’ala (الله تعالى) knows best.
Mufti Zakaria Makada
Checked & Approved:
Mufti Ebrahim Salejee (Isipingo Beach)