Question Summary:
Talaaq of a non muslim

Question Detail:

If a non Muslim couple files for divorce in the court and in the meantime while they are waiting for the court date the wife accepts Islam. In such a case; Islamically when does the nikkah breaks? Does it break when the woman accepted Islam or does it break when the courts make it final? Also, how will the iddat be determined for that woman? Will it be determined from the day she accepted Islam or from the day when the courts make the divorce final? Furthermore how long is the iddat period? Your answer would be greatly appreciated.

Answer :

In the name of Allah, Most Gracious, Most Merciful

The couple has filed for divorce in court and the court has not yet ruled on the matter.  Therefore the application for divorce in court has no implications on the previous marriage and the marriage of the previous religion is still intact.

If the wife accepts Islam in the waiting period, she will wait for three menstrual cycles to pass (or the passing of three months in the situation where she does not experience menstruation).

If in this period the husband also accepts Islam, she will remain his wife and the nikah will only break upon him giving her a talaq according to Shariah.  The court’s decision will not affect the nikah after his acceptance of Islam. 
If the husband does not accept Islam within three menstrual cycles, their nikah will break after the menstrual cycles.  She will begin her iddat only after the nikah breaks.  The iddat will be for another three menstrual cycles (or three months as mentioned above.)
•        رد المحتار (3/194) ايج ايم سعيد كمبنى
•        الفتاوى الهندية (1/338) مكتبة رشيدية
•        البحر الرائق (3/213) مكتبة رشيدية
•        فتاوى رحيميه (11/404) دار الاشاعت
•        امداد الفتاوى (2/202)
 
And Allah knows best

Wassalam

Ml. Ehzaz Ajmeri,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah