Assalamu ALaykum Wa Rahmatuallahi Wa Barakatuh.
Bismiallah Ir Rahman Ir Raheem.
I have a friend that became Muslim 1 year ago. She is going through a divorce to her non-Muslim husband. He is gay & they have not had any sexual contact in 12 years. They are living in the same house but in seperate parts. She is now wanting to marry a Muslim man & her divorce has been in the system for over a year now. I am wondering if there is a Fatwa that can be issued for the sister to take to the attorney & judge. She wants to leave her country to go to marry the Muslim man Islamically. Can she do this? In the country she can not marry him through the embassy as they have stopped marraige with foreigners, so tehy want only to marry Islamically. Please give me some nasihah in this subject. Jazakum Allahu Kharian.
Islam does not approve the marital relation between Muslim and non-Muslim. Allah سبحانه وتعالى says, “”ولا تنكحوا المشركين حتى يؤمنوا (do not wed idolaters till they believe Suratunnisaa 4:221)
If wife embraces Islam alone, the marital relation will automatically come to an end after she observes three monthly periods. In the above-mentioned question one year has passed since she embraced Islam. Therefore, the remittal tie between her x-husband and she had been nullified and they are Ajnabee to each other. She is permitted to get married to any Muslim she wants.
و الله اعلم بالصواب