Conversion to Islam while Being Unlawfully Married
Question
Dear scholars, As-Salamu `alaykum. There is a man who – when he was still a non-Muslim – got married to a girl who actually falls under the category of unmarriageable women (like, his sister's daughter) according to Islamic laws. What decision should be taken according to Islamic laws if both of them have now embraced Islam or if only he embraced Islam and she does not? Jazakum Allah khayran.
Answer
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
Dear questioner, we would like to thank you for the great confidence you place in us, and we implore Allah Almighty to help us serve His cause and render our work for His Sake.
In his response to the question in point, Sheikh Zoubir Bouchikhi, Imam of the Islamic Society of Greater Houston’s Southeast Mosque, states:
"This person who reverted to Islam has to divorce this woman even if she did not revert to Islam as she falls under one category of the thirteen categories of women who are forbidden for marriage to [Muslim] men. Allah says in surat An-Nisa': "Forbidden unto you are your mothers, and your daughters, and your sisters, and your father's sisters, and your mother's sisters, and your brother's daughters and your sister's daughters, and your foster-mothers, and your foster-sisters, and your mothers-in-law, and your step-daughters who are under your protection (born) of your women unto whom ye have gone in - but if ye have not gone in unto them, then it is no sin for you (to marry their daughters) - and the wives of your sons who (spring) from your own loins. And (it is forbidden unto you) that ye should have two sisters together, except what hath already happened (of that nature) in the past. Lo! Allah is ever Forgiving, Merciful." (An-Nisa': 23) I would like to mention here that even Judaism and Christianity forbid such marriages."
Allah Almighty knows best.
