The World Federation One Stop Fiqh

Ask an Alim

My question is do i need to take khula because he is not muslim ?


A sikh man married me and converted to islam we did niqah but after we started living together he never followed islam he used to drank alcolhol, beat me and he was still going to his temple even after accepting islam.He never offered namaz even he gave me talaq twice.He dint do khitna he jus accepted islam to get married.My question is do i need to take khula because he is not muslim and am 5 months pregnant.He is not divorcing me so was the niqah jaez and do i need to take khula in this kind of niqah?



Thank you for your question. A person becomes a Muslim by pronouncing the shahadatain so your marriage contract was lawful. If he is still a Muslim (even if he is committing a lot of sins) then you can refer to the hakim al-shar’ to annul the marriage. If he has become an apostate then according to the rulings of Ayatullah Sistani (hA) remaining married to him is unlawful and you mist observe iddah unless before the end of the iddah he converts again. See the ruling below:

Ruling 2468. If after the conclusion of a marriage contract a man becomes a millī apostate, in the event that he has not had sexual intercourse with his wife or his wife is postmenopausal or a minor, the marriage contract becomes void and the woman does not have to observe ʿiddah. And if he becomes apostate after sexual intercourse and his wife is the age of women who experience ḥayḍ, the woman must observe the ʿiddah of a divorce, which will be explained in the laws pertaining to divorce. Furthermore, if the man reverts to Islam before the completion of the ʿiddah, the marriage contract remains as it is.

May you always be successful

Zoheir Ali.