I was married to an American non Muslim; we didnât have a Muslim marriage contract. In April of this year 25-2006, I went to morocco to see my mom who was dying. On April 28 I decided to separate from him as soon as I get back. When I got back to the states we got separated on June 18, but I was still in his house but I was sleeping in the basement of his house, while looking for a place to live. The other thing is that he has an operation, which means he canât have kids. My question is about the idda does it still apply even if he canât have kids and the marriage was not Islamic, and that I will not get back to him even if he wants to because he is not a Muslim. If it still applies when does it start? Is it when I went to morocco when I decided to separate from him?, or when I got back. Please let me know because I want to get married to a Muslim and we want to know what Islam says about this because we asked couple imams here but they werenât sure. jazakom Allah alf khir salamo 3alaikom warahmato Allah
All praise be to Allah, and may his peace and blessings be on the last and best prophet and messenger, Muhammad.
Getting married to a non-Muslim man is not marriage in the first place, and it takes the rulings of fornication. In this case, the scholars have disagreed over the need for a waiting period after fornication. The hanafis and shafe’ees would not require a waiting period, but would not allow the new husband to have intercourse until she had delivered in case she was pregnant.
Based on your story, you may go ahead with your marriage plans, and may Allah guide you both to have a righteous Islamic family life.
Allah knows best.