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Nikaah of a Muslim woman whose husband does not want to accept Islam

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: If a married non-Muslim woman accepts Islam and her husband does not accept Islam. He does not want to give her divorce. How can this woman get married again?

Bismillaah

A: The nikaah with the non-Muslim is invalid. She is living in fornication and zina. She has no obligation to him. She should immediately move away from him.

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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