Darul Uloom Trinidad & Tobago

As Salaamu Alaikum,

Question:

A marriage (by law) between a non-practicing Muslim woman and a non-practicing Christian man who has a child. Few months in marriage the woman wants to start practicing her faith (praying, wearing hijab etc). How shall she proceed? Does she have to leave her husband? Can she live with her family independently of him?

Wa Alaikum As Salaam,

Answer:

 A non-practicing Muslim woman is still a Muslim, and she is required to follow all the laws of Islam, including that of marriage also. From among the laws of marriage in Islam is that a Muslim woman is not allowed to marry except that he is a Muslim. This means that her marriage with the non-practicing Christian man is null and void, and there is no marriage between them, even though it was contracted by the law of the land.

In moving forward, the Muslim woman must immediately come out of this relationship and separate herself from the non-practicing Christian man. In this situation, she can live with her family independently of him.

And Allah Knows best

Mufti Waseem Khan

27/11/2018