A person converts to Islam and is married to women who are prohibited from being married together, or marries a prohibited relative
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The first question of Fatwa number ( 2351 )
Q1: Here in Ceylon, some disbelievers embrace the Islamic religion, especially the Buddhists, and they are married according to their religion. We may find one of them married to his sister’s daughter, and they have children. In such a case, what can we do to separate them? What is obligatory for us regarding them?
A1: If both spouses convert to Islam together, and they are in a marriage that is not permissible in the Islamic religion, they must be separated immediately. For example, if a man converts to Islam and his wife is his sister’s daughter,
in such a case, they are compelled to separate; because it is not permissible for a Muslim to marry his sister’s daughter. This is based on the saying of Allah, Glorified and Exalted is He:[An-Nisa 4:23] up to His saying: And likewise in similar cases, such as a man who converts to Islam and has two sisters as wives; he is ordered to separate from one of them. This is based on what was narrated by Ahmad , Abu Dawud , al-Tirmidhi , and al-Nasa'i from al-Dhahak ibn Fayruz from his father, who said: And the wording of al-Tirmidhi is: And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: Here in Ceylon, some disbelievers embrace the Islamic religion, especially the Buddhists, and they are married according to their religion. We may find one of them married to his sister’s daughter, and they have children. In such a case, what can we do to separate them? What is obligatory for us regarding them?
A1: If both spouses convert to Islam together, and they are in a marriage that is not permissible in the Islamic religion, they must be separated immediately. For example, if a man converts to Islam and his wife is his sister’s daughter,
in such a case, they are compelled to separate; because it is not permissible for a Muslim to marry his sister’s daughter. This is based on the saying of Allah, Glorified and Exalted is He:
Prohibited to you [for marriage] are your mothers
حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْand the daughters of sisters
وَبَنَاتُ الأُخْتِI converted to Islam and I had two sisters as wives, so the Prophet (peace and blessings be upon him) ordered me to divorce one of them
أسلمت وعندي أختان، فأمرني النبي -صلى الله عليه وسلم- أن أطلق إحداهماChoose whichever one you wish
اختر أيتهما شئت
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.