She embraced Islam, but her husband did not
10-5-2011 | IslamWeb
Question:
Assalamu Aleikum.I was been separated with my non-muslim husband several years back because of differences. Luckily along the way of working in muslim country,i was enlightened to serve Allah by reverting in Islam 2009. I have not formally concluded my marriage with my husbnd,until i learned that he may be interested into Islam,but the fact that we can no longer be together since we have been separated for some years back with lots of differences. Now can u please help me what to do since i dont want him anymore and i want to push through my life in Islamic way. Is divorce the answer? Honestly i dont want to deal with him anymore?I am planning to buy myself a house in my country but when the documentation requires, i am still on his name,legally as his wife,and this will automatically part of our conjugal property? I want to have a brand new start on everything and i want to be independent on my name as in our country we carry the husbands surname.Also, for my child, i want her to be out of his name too, is this allowed in Islam? What will be the procedure in divorcing him and how long will it take?Can i also changed all school & employment credentials into my Islam name? Is it required coz im planning to migrate,do i need to change everything?please advice, thank you.
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
First of all, we thank and praise Allaah Who guided you to Islam and we ask Him to make you firm and steadfast on His Religion until the Day you meet Him.
Dear sister, we advise you to seek beneficial knowledge, perform good deeds and befriend righteous and pious women, as these are the best things that help you remain steadfast on your religion.
As regards your question, then if a woman embraces Islam and her husband is still a non-Muslim, then her marriage contract with him becomes void. In case he embraces Islam while she is still in her waiting period, then she is still considered his wife by the first marriage contract, but if her waiting period ends before he embraces Islam, then it becomes permissible for her to marry someone else as we clarified in Fataawa 107894 and 84226.
Therefore, if it becomes evident to you that your husband did not embrace Islam until your waiting period expired, then you are Islamically permitted to marry someone else as you are no longer his wife. According to the man-made laws, you are still considered the wife of the first husband until divorce or official separation takes place. In any case, we advise you not to marry until you legally separate from the first husband otherwise this may cause you harm and lead to bad consequences.
With regard to finalizing the procedures of divorce and the like, like the period that the procedures of divorce will last according to the law, then we are not aware of it. However, you should take the initiative to do so and you may know the procedures that you should take by asking the people who are experienced in this field, and you may seek the help of some trustworthy Muslim brothers in this regard.
Concerning changing your name in official papers, then this is not obligatory, but it is not permissible for you to be named after the name of your husband as we clarified in Fataawa 118807 and 89932. Also, you are not permitted to change your daughter’s name to any other name than her father’s name as this is Islamically forbidden as we clarified in Fatwa 154949.
In any case, a Muslim woman should endeavor to live a Muslim life especially in regard to her morals and dealings with others so that she would show to the people the good traits of Islam and encourage them to embrace it.
As regards buying a house, then if you fear you will be harmed by buying it on your name, then you have two choices: either you wait until you become separated from your ex-husband, or that you buy this house on the name of another trustworthy person while writing a legal document that this house belongs to you.
Allaah Knows best.