Nikah of a woman immediately after accepting Islam

[ummtaalib]

Question and Answer:

 

Q. A Hindu couple had been married. The Hindu wife accepted Islam. Can the revert Muslim woman who had been a Hindu wife marry a Muslim man immediately after accepting Islam or does she have to wait for a period before making Nikah? When can she make Nikah?

 

(Question published as received)

 

A. As per Islamic Law, marriage between a Muslim female and a non-Muslim male is invalid. Accordingly, the marriage between a non-Muslim couple is suspended if the wife reverts to Islam. If the husband accepts Islam within three menstrual cycles, their marriage will remain intact. If the husband does not accept Islam, the marriage between them ends at the expiry of three menstrual cycles.

 

Therefore, a non-Muslim married woman who accepts Islam may not immediately marry a Muslim man after her reversion. She may only do so once three menstrual cycles pass after her reversion and on the condition that her husband does not revert to Islam. (Shaami 3/191)

 

NB. If the woman is pregnant, the period of suspension will be until birth. If the woman is in menopause, the period of suspension will be 3 months (90 days).

 

And Allah Ta’ala Knows Best

 

Mufti Ismaeel Bassa

Mufti Moosa Salie

 

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.) 

 

 

Fatwa Department
Jamiatul Ulama (KZN) 
Council of Muslim Theologians