The World Federation One Stop Fiqh
Search
Menu

Ask an Alim

allowed to divorce wife converted from other religion

Q:

Asalamuaikum. I need some guidance regarding my wife. I got married to this girl 4 years ago. She was Hindu but at the time of nikah she accepted Islam. Initially she was an amazing lady taking care of me my parents as well as performing her prayers and fasting. But gradually she stopped praying as well as start insulting/abusing me, my parents, my religion and my culture. Now I need help what should i do as i have told her millions of times that if you are not a muslim we won’t be together anymore and all she says is she is not a religious person. Shall I divorce her or I just live with all this mess? What are the cases in which we are allowed to divorce our partners? Help please

A:

Bismillah ArRahman ArRaheem

Wa-Alaykum As Salaam
The office of Syed Sistani may has life be prolonged, was contacted today on 22/09/18  and the following answer was given for your case:
Assuming
1. that intercourse has taken place (4 year marriage),
2. and assuming she was a Muslim before marriage took place (for the marriage to be valid in the first place),
3. And that she is no longer a Muslim,
Then you must wait the period of Iddah, after which the following possibilities may occur:
1.  If she reverts back to Islam then everything is in order and the marriage is in place.  You may wish to divorce her on the grounds of the untenable position you are in.  (Following the rules of divorce).
2.  If she continues to deny Islam, the marriage is automatically annulled after the period of Iddah.
Insha-Allah you find peace and well being in whatever outcome.
S.L. Al-Hakim