The Nikah of a Newly Converted Muslim Woman

Question

In India a woman has become Muslim while her husband remains in kufr. What needs to be clarified is this: if India is dar al-harb (the abode of war), then three menstrual periods are necessary for the separation, since Islam cannot be offered owing to the absence of authority (wilaya). But here it can be offered in some cases and not in others, as is evident. And if it is dar al-aman (the abode of safety), what is the solution in the case described? Is it a case of “the emigrant women” (muhajirat al-nisa’)?

Answer

There has long been disagreement concerning India: Hazrat Shah ‘Abd al-‘Aziz ﵀ and Hazrat Shah Isma‘il ﵀ declared it dar al-harb, while Mawlana ‘Abd al-Hayy, Nawab (a title of a Muslim ruling prince or nobleman) Siddiq ﵀ and Mawlana ‘Abd al-Bari ﵀ denied this.

Source: Fatawa Mahmudiyya

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