Husband becoming a Sikh

Q: I am thinking about marrying a woman who has a son already from a different person who is a sikh. I know its not allowed to marry someone out of religion. But the person who was married to her converted to Islam and did nikah but after couple of years he turned back to sikhism. Now the problem is where she stands at the moment. And she is also not divorced by him too. So can I still do nikah with her because its also not allowed to do nikah on top of the nikah as I know according to Islamic point of view. Moreover she is older than me almost 17 years but my intention is only to ease her problems and give her a happy life. Your advise will also help me a lot in this matter.

A: It is compulsory for her to break away from him. His conversion to Sikhism has terminated the marriage. Thereafter, she may remarry if she wishes.

And Allah Ta'ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)