Called Himself a Non-Muslim and Married a Non-Muslim Girl by Her Rite

Question

A Muslim man, calling himself a non-Muslim, married a non-Muslim girl by the non-Muslim rite. A year later he called himself a Muslim and made the girl a Muslim too. To his first wife, who is a Muslim, he has given neither maintenance nor marital rights for three years. In this case, is the first wife, the Muslim, divorced or not? Can she, obtaining a divorce through the court, marry elsewhere or not?

Answer

When he said, “I am not a Muslim, I am a Hindu,” his marriage with his former wife came to an end. For legal protection let her also obtain a court decision [dissolving the marriage], and thereafter she may marry elsewhere.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.