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Fatwa CenterQuestionable marital status
Question
I went to another country and I got married with the idea of bringing him here for a visa and maybe helping me. things didn't work out and he hasn't came here its been almost 3 years I am now I am Muslim and have remarried I want to know Islaamic am I still married to the guy before he has not been a husband to me anyway and my new husband is please help me.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
If your previous husband was a non-Muslim and had not consummated marriage with you, as understood by the question, then your marriage contract became nullified immediately after your acceptance of Islam.
On the other hand, if the first husband was a Muslim and you were a Christian or a Jew and the marriage contract was completed fulfilling all the compulsory conditions, then you are still his wife, and your second marriage is not valid. If that is true, you have to separate from your second husband immediately. If your second husband had intercourse with you then you have to observe a waiting period. The waiting period is till giving birth if you are pregnant, or three menses.
If the first husband cannot live with you, then you have the right to ask for a divorce from him. If he divorces you then you become free from him, otherwise you have to consult an Islamic center in your area to solve your problem, Allaah willing.
If you were not a Christian or a Jew before your acceptance of Islam, then your marriage to a Muslim was not valid at all, because, a Muslim is not allowed to marry other than a Muslim woman, or a chaste woman from the people of the Book. If that is true, your first marriage before your came to Islam is not considered as legal.
Allaah knows best.
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