I need a legal divorce since I embraced Islam but my husband did not
Since 2007 I embraced Islam, and my husband has never been in Islam. Would you please help me with how I can start the process to get my legal divorce in an islamic way?
Please, I don't want to leave in a haram way. My husband is just forcing me to have sex, every time I am in my country. Can anyone give me advice how to do it?
-gwen
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Salaams,
There is a difference between a legal divorce and an Islamic divorce unless you live in a country that follows shariah law.
The first issue here is that if your husband never embraced Islam, and you converted, after 3 months your marriage is automatically nullified. There is no need for an 'islamic' divorce. However you would still need a legal divorce if you had a legal marriage.
If a legal divorce is what you are ultimately seeking, you will need to consult with a lawyer or advocate where you live and ask them how your local court processes work. Every place is different, so without knowing where you live we really can't advise more than that.
Like I said before, if you converted and he did not and it's been more than three months, you won't be doing anything haram religiously by ceasing all contact with him. In fact, since this seems to be the case, I advise you not to see him at all when you're in your home country. Having sex with him at this point would be considered zina if you are agreeing to it; and if he is forcing you that would be considered rape.
-Amy
IslamicAnswers.com Editor
AsSalaam Alaikum Sister Gwen,
I believe Sister Amy is correct. The waiting period or Iddah/Iddat is 3 or 4 months. I wonder whether your civil marriage has any legitimacy in Islam at all. However, if I were in your situation, I would allow 3 or 4 months to pass from the time I have taken Shahada. If he does not make himself legal to you in that time by taking Shahada (and maybe even performing Nikkah (?)), then consider him a stranger to you. I mean someone with whom you cannot be intimate. And as sister Amy said, intimacy would be considered a sin.
May Allah reward you for your love of Him and His Path. May Allah keep you strong and protected Sister. I know this cannot be easy.
your Sister,
Hana
Hi my husband said he don't love me anymore and has been sleeping separte for two years now because he has another girlfriend .so dis that mean islamicly we r divorced even tho we have no papers for it