Fatwa #474624 June 2021Australia
Is my Nikah still valid after I reverted?
Question
Dear brother in Islam, I am a newly revert. I was married in a church ceremony before my conversion. I have since separated from my husband 4 months ago. Do I have to take any steps to be considered divorced Islamically? We are soon to be getting a legal divorce. Or was the marriage never valid in terms of Islam? I am asking so I know whether I am free to remarry if I meet the right person.
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
We are pleased to note that Almighty Allah has favored you and guided you to Islam. We make du’aa that Allah Ta’ala keep you steadfast on Deen. In principle, if a wife accepts Islam while her husband is a non-Muslim, Islam will be presented to him. If he refuses to accept Islam, then the marriage will automatically break and her ‘iddah will commence.
The ‘iddah is three menstrual cycles if you experience menses or three months if you do not experience menses. If in the past eight months you experienced three menses, then your ‘iddah has terminated. Accordingly, it is permissible for you to remarry.
And Allah Ta’āla Knows Best
Ibn Aḥsan
Student - Darul Iftaa
New York, USA
Checked and Approved by,
Mufti Ebrahim Desai.