Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

I have a christian girlfriend and we love each other so much that we wanted to get married as soon as possible. She is willing to change her religion to muslim. The problem is she is currently married to a christian guy but they have been separated for a long time. Do we have to wait for her to get divorced on her christian marriage or can we get married under muslim now?

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Marry a married woman

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 23-24:

23 Prohibited to you (for marriage) are: your mother, daughters, sisters, father's sisters, mother's sisters, brother's daughters, sister's daughters, foster-mothers (who gave you suck), foster-sisters, your wives' mothers, your step-daughters under your guardianship born of your wives to whom ye have gone in no prohibition if ye have not gone in; (those who have been) wives of your sons proceeding from your loins; and two sisters in wedlock at one and the same time, except for what is past; for Allah is Oft-Forgiving Most Merciful.

24 Also (prohibited to you are) women already married except those whom your right hands possess. Thus hath Allah ordained (prohibitions) against you: except for these all others are lawful provided ye seek (them in marriage) with gifts from your property desiring chastity not lust. Seeing that ye derive benefit from them give them their dowers (at least) as prescribed; but if after a dower is prescribed ye agree mutually (to vary it) there is no blame on you and Allah is All-Knowing All-Wise.

Beloved brother in Islam, it is absolutely prohibited in Shariah for a believer to covet or seek to marry a woman who is married to another person.

Your Question: The problem is she is currently married to a christian guy but they have been separated for a long time. Do we have to wait for her to get divorced on her christian marriage or can we get married under muslim now? 

Regardless of how long or the time period a couple have been separated, it does not effect the validity of their marriage; for the marriage is only broken through divorce (or death) in Shariah.

Only when and if the wife is free from her marriage through divorce (or death of her husband), would it be lawful in Shariah for a believer to seek her hand in marriage.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan