Marriage Before Talaq


Question

I am a married woman. My husband is an atheist. We don’t live as husband and wife since long. I am thinkinv over divorcing him. However, here, in Europe it takes long time. We have to follow the laws. I want to marry a Muslim man. Am I allowed to re-marry while the divorce process has not yet been finalized?

Answer

If you were living in an Islamic State where Islam is truly in practice the marriage with the atheist would have been invalidated by the court at the time he embraced atheism. However, in your country you have to obey the laws. This issue is not only religious but also social therefore you have to wait for the conclusion of divorce before you can marry a Muslim man. It would create legal and social problems and would not be in line of the spirit of the Islamic law if you married without getting divorced.

Answered by: Tariq Mahmood Hashmi

Date: 2015-01-14