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Fatwa ID: 81471
Title: Revert and a non-Muslim husband refusal to divorce
Category: Family and Personal Affairs
Scholar: Dr. Main Khalid Al-Qudah
Date: 05/14/2010

Question

Assalm Alaikum. I hope this message finds you well. I reverted to Islam after I married my husband. He does not like Muslims or Islam an will not revert. He forbids me to wear hijab and pray around him. He also refuses to divorce me. What should I do? Since I'm not allowed to remain married to and he will not divorce me, how can I be a pious muslimah when I can't even get out of marriage?


Answer

AAWW,

 

The most correct approach in your case is that the marriage contract between you and your non-Muslim husband is suspended since the date you embraced Islam, meaning that you should not allow any normal or marital relation with him until he accepts Islam. The duration of this waiting period should last for the regular waiting period that divorcee women have (in most cases it lasts for three menstrual period). By the end of this period, if he did not accept Islam yet, the marriage itself is automatically terminated due to his disqualification. It is to be noted that continuing the marriage after the end of the waiting period is prohibited.

 

May Allah (SWT) grant you steadfastness and strength in applying your religion.