Islamic marriage advice and family advice

Will my ‘Shahaadah’ automatically divorce me from my husband?

Divorce decree


I am a married christian woman in the midst of trying to obtain a divorce. My husband is doing all he can to stop the divorce from getting through the courts. I have after leaving my husband met and have fallen in love with a Muslim man. And am preparing to take shahada.

I read that if a married woman takes shahada and her husband refuses to do so the marriage is broken. My question is since I am in the US an non-muslim country, does it still work the same way? Or will it help in getting through the courts faster?

Please if anyone can help I would appreciate it. Thank you.


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7 Responses »

  1. Dear Sister, Asalaamualaykum,

    I am sure there is a simple solution to the 'Nikah' aspect, but you must consult with a qualified Imam about this. With regards to the 'legal divorce', you must seek advice from a US lawyer. The last thing you want is to do your nikah with the Muslim man and then get in trouble for polygamy.

    So please consult with an Imam and a US Family Lawyer.

    SisterZ Editor

  2. Bulbul, there are two separate issues here: religious marriage (Nikah), and civil marriage.

    From an Islamic religious perspective, once you take your shahadah, your marriage is not instantly broken. You will enter an 'iddah (waiting period). The 'iddah in this case is three menstrual periods or three months (some scholars say one month). This is intended to give your husband time to convert as well, or for you to try to convince him, so that you can remain married (and also to ascertain that you are not pregnant). Upon the completion of the 'iddah, if your husband does not convert, then you are divorced and you can marry someone else.

    From a civil perspective in the USA, you are not divorced until the court legally dissolves your marriage. If you try to remarry before your divorce is final, you could be subject to civil and criminal penalties.

    I must add that I question your sincerity. You became involved with another man while still married, and it seems that your main interest in considering a conversion to Islam is to dissolve your current marriage. That is not a sincere motivation for taking shahadah.

    Wael Editor

  3. First I want to thank you for the advice.

    Second I wish to clarify some things. My interest in Islam is very genuine. For many years I been searching for something that makes sense in religion. I was brought up Christian and remained so. But became quite disillusioned withit once I stsrted geeting very active in my church. There was too much hypococracy as well as contradictions between what was taught and what the Bible said. it was only in the past year that I started looking into Islam. And I found what I was looking for in it.

    In regards to my marriage' my husband and I have not lived together in nearly a year. And I have some months ago inform him of my decision to convert. I asked him to consider it with me to which he not only rejcted but said a few things I don't wish to repeat.

    Yes I did become involved with another man. But he has been as far as I can tell an absolute perfect muslim and gentleman. We have never been alone together. He will not kiss me and gets on to me if I try to hold his hand. Our relationship has been almost completely halal. The only thing is that he has not met my family. And only then because I am not yet ready for them to know. Like my husband my family hates muslims. When they do find out about him and my conversion I will most likely lose my family.

    Now I must say that since writing my original post I have taken shahada. And have never felt more at peace with my spiritaul life life.

  4. One more thing. If my family does disown me after I tell them of my reversion, that would leave me without a gaurdian. And if this man does wish to marry me(something we have never really talked about, though he has made a few comments in that direction) would I be able to speak for myself? Or should I have a close friend(non-muslim) stand as my wali? The only other muslims I know at this time are a couple of his family members and some people from work.

    • Dear sister, As-salamu alaykum,

      Thank you for clarifying your situation, and congratulations on embracing Islam. Alhamdulillah.

      Since you are a previously married woman, you do not need to be represented by a wali (guardian). However, if you are not comfortable speaking for yourself and you wish to have a wali, you can ask your local Imam to serve that function. A non-Muslim cannot function as your wali.

      Wael Editor

  5. I dont know, but according to Sharia Law, it divorce you automatically

    • Zayn, this is not necessarily the case. Fiqh of marriage and divorce is very complex and should be left to a qualified person to advise on.

      SisterZ Editor

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