He wants to marry a non-Muslim woman who became Muslim, but her husband has not divorced her
Question

                There is a Muslim who wants to marry a non-Muslim woman who became Muslim a year ago, but her non-Muslim husband has not divorced her. What should he do? If the non-Muslim divorces her, should her ‘iddah be counted from the day of her divorce or from the time she became Muslim?
Praise be to Allah.
	If a wife with 
	whom the marriage has been consummated becomes Muslim, and her husband 
	remains a disbeliever, she becomes unlawful for him, and it is not 
	permissible for her to allow him to be intimate with her. But separation and 
	divorce should wait until the end of the ‘iddah, counting from the time she 
	became Muslim. If he becomes Muslim before the end of the ‘iddah, then the 
	marriage remains in effect. If he does not become Muslim before the end of 
	her ‘iddah, then she is in charge of her own affairs and it is permissible 
	for her to marry someone else.

	Ibn Qudaamah 
	(may Allah have mercy on him) said in al-Mughni (7/117): If one of 
	them becomes Muslim after consummation of the marriage, then there are two 
	reports narrated from Ahmad regarding such cases, one of which says that 
	they should wait until the ‘iddah ends; if the other spouse becomes Muslim 
	before it ends, then the marriage remains in effect, but if the other spouse 
	does not become Muslim before the ‘iddah ends, then they are separated (and 
	divorced) and the separation is regarded as having begun when one of them 
	changed his or her religion, so there is no need to start counting the 
	‘iddah again. This is the view of az-Zuhri, al-Layth, al-Hasan ibn Saalih, 
	al-Awzaa‘i, ash-Shaafa‘i, and Ishaaq. Something similar was narrated from 
	Mujaahid, ‘Abdullah ibn ‘Umar, and Muhammad ibn al-Hasan. End quote.

	The scholars of 
	the Standing Committee for Issuing Fatwas were asked: What is the ruling on 
	a Christian woman who becomes Muslim, and is married to a Christian man, and 
	after declaring her Islam she wants to marry a Muslim man? What is the 
	Islamic ruling on this case?

	They replied:

	if a woman who 
	is married to a disbelieving man becomes Muslim, then she becomes unlawful 
	for him and their marriage ends. However, she should observe ‘iddah. If her 
	‘iddah ends without him becoming Muslim, then she is divorced from him, but 
	it is a revocable divorce [and she could go back to him if he becomes Muslim 
	after the ‘iddah is over], because Allah, may He be exalted, says 
	(interpretation of the meaning): 

	“And 
	if you know them to be believers, then do not return them to the 
	disbelievers; they are not lawful [wives] for them, nor are they lawful 
	[husbands] for them”

	
	[al-Mumtahanah 60:10].

	If he becomes 
	Muslim before her ‘iddah ends, then she may go back to him as his wife, 
	because the Prophet (blessings and peace of Allah be upon him) allowed the 
	Muhaajir women to go back to their husbands when they became Muslim before 
	the ‘iddah ended. End quote.

	Shaykh ‘Abd al-‘Azeez 
	ibn ‘Abdillah ibn Baaz, Shaykh ‘Abd al-‘Azeez ibn ‘Abdillah Aal ash-Shaykh, 
	Shaykh Saalih ibn Fawzaan al-Fawzaan, Shaykh Bakr ibn ‘Abdillah Abu Zayd

	Fataawa al-Lajnah 
	ad-Daa’imah, 
	19/20

	Thus you will 
	know that it is permissible for this woman to get married after her ‘iddah 
	ends, and there is no need for a divorce from her non-Muslim husband. But 
	because her marriage is officially documented, and she is in a non-Muslim 
	country, there may be a need for proof that she is separated from her former 
	husband, so as to avoid any negative consequences that may result from her 
	getting married without this proof. In that case, the non-Muslim husband 
	should be persuaded to provide some proof that they are indeed separated and 
	divorced, or she should obtain documentation of the separation by whatever 
	possible means, even if that is by paying money to the husband.

	There is no need 
	for ‘iddah after obtaining this documentation, because she became 
	irrevocably separated from him once her ‘iddah ended, which was counted from 
	when she became Muslim.

	And Allah knows 
	best.