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In the Name of God بسم الله
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jari

Divorce & Marriage Of A Converted Woman

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Salam

 

A catholic woman, separated from her husband for a couple years but not legally divorced in country of her origin (living abroad now), is converting to Islam. From sharia point of view, does she need a legal divorce from her catholic husband before marrying a muslim?

 

If no, does she need to spend time in Iddah though she has been separated from husband for years. What is the required duration?

 

If yes, are there any exceptions in case of hardship such as if it will be financially difficult for her to pursue divorce through country's legal channels or the husband not agreeing making it more difficult?

 

Any specific verdicts from Ayotullah Sistani on this?

 

Appreciate response from members with knowledge of the subject.

 

 

 

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Wasalam

 

A catholic woman, separated from her husband for a couple years but not legally divorced in country of her origin (living abroad now), is converting to Islam. From sharia point of view, does she need a legal divorce from her catholic husband before marrying a muslim?

The marriage is annulled as soon as she converts to islam. She would not need a Shar'ai divorce. However, according to the rules of the country a legal divorce might be essential to get the marriage registered. So, islamically she can marry another man without legal divorce.

 

If no, does she need to spend time in Iddah though she has been separated from husband for years. What is the required duration?

Yes, Iddah is still required even if she had been separated from her husband for years.  Iddah period for divorce is three menstrual cycles.

 

If yes, are there any exceptions in case of hardship such as if it will be financially difficult for her to pursue divorce through country's legal channels or the husband not agreeing making it more difficult?

Her marriage is annulled immediately when she converts leaving her free to marry a muslim man after Iddah.( according to islamic principles)

 

http://www.sistani.org/english/qa/01245/

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