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Fatwa CenterNew Muslim woman marrying Muslim man without calling her Christian husband to Islam
Question
I was married to a Christian man and started an online friendship with a Muslim man. The Muslim man introduced me to Islam, and I converted to Islam, praise be to Allaah. My Muslim friend said that I was now single and unmarried. I told my Christian husband that I wanted to divorce but never gave him an opportunity to convert to Islam in order to try to save the marriage. Before my divorce was finalized with my Christian husband, I married my Muslim friend in a religious ceremony with an Imam and two witnesses. I did not have anyone from my family present as witness. I have no children with my Muslim husband, and my divorce with my Christian husband has now been finalized. However, I am concerned that my Islamic marriage is not valid because I did not give my Christian husband the opportunity to convert in order to try to save our marriage. Please help. I was very naive and foolish and did not understand. My Muslim husband and I have never lived together as he lives in another country and I have only visited him twice.
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.
What should be taken into account is the waiting period ('Iddah). If your ex-husband did not embrace Islam until your waiting period expired, then it becomes permissible for you to marry another man. Please refer to fataawa 107894 and 84226.
It is a condition for the validity of the marriage contract that it be conducted with the presence and consent of the bride's guardian (Wali) and the presence of (two) witnesses.
If a woman does not have a Muslim guardian, then it is the Muslim ruler who marries her off. If there is no Muslim ruler, then she appoints a trustworthy Muslim man to marry her off. Please, refer to fatwa 88488.
Therefore, if the marriage was conducted fulfilling the conditions of a valid marriage underlined in fatwa 83629, then it is a valid marriage. However, if one of the conditions of marriage was not fulfilled, like, for example, if it was conducted without the presence and consent of the guardian, then it is a void marriage according to the preponderant opinion of the jurists (scholars) and it must be annulled.
If the marriage was conducted while you were still in your waiting period from the first husband, then it is a void marriage. So you must separate from him [i.e. from your current Muslim husband] if that is the case. If both of you wish to continue your marital life, then you must renew the marriage contract while fulfilling the conditions of a valid marriage.
As for calling your first husband to Islam and the divorce proceedings, then all this does not have any effect on your marriage with the Muslim man if that marriage was conducted in accordance with the Islamic rulings.
Allaah knows best.
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