A domestic worker who embraced Islam, and her husband remained a Christian, so does she stay with him?
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Question:
Yes. Honorable Shaykh, may Allah grant you success, this is a domestic worker who has embraced Islam, and she was originally a Christian, and she is married to a Christian man, and she has three daughters from him. The question is how she should act when she is in the house with him? Is she his wife? Or does she leave him if he insists on remaining a Christian?
Answer:
She is not his wife. If she enters Islam while he remains in disbelief, she is separated from him by the law, so do not return them to the disbelievers[Al-Mumtahanah 60:10].
If she embraces Islam and the husband does not, wait until she exits the waiting period ('iddah). If she exits the waiting period and he has not embraced Islam, she is separated from him and becomes a stranger to him. As for her staying in the house while keeping her distance from him and veiling herself from him, and the house contains her children with their family, this is permissible for the sake of pressing need and dire necessity, on the condition that she keeps her distance from him and veils herself from him. Yes, and she stays with her children. Yes.
Yes. Honorable Shaykh, may Allah grant you success, this is a domestic worker who has embraced Islam, and she was originally a Christian, and she is married to a Christian man, and she has three daughters from him. The question is how she should act when she is in the house with him? Is she his wife? Or does she leave him if he insists on remaining a Christian?
Answer:
She is not his wife. If she enters Islam while he remains in disbelief, she is separated from him by the law, so do not return them to the disbelievers
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
فَإِنْ عَلِمْتُمُوهُنَّ مُؤْمِنَاتٍ فَلَا تَرْجِعُوهُنَّ إِلَى الْكُفَّارِ لَا هُنَّ حِلٌّ لَّهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّIf she embraces Islam and the husband does not, wait until she exits the waiting period ('iddah). If she exits the waiting period and he has not embraced Islam, she is separated from him and becomes a stranger to him. As for her staying in the house while keeping her distance from him and veiling herself from him, and the house contains her children with their family, this is permissible for the sake of pressing need and dire necessity, on the condition that she keeps her distance from him and veils herself from him. Yes, and she stays with her children. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [16 -3022] عاملة منزلية اعتنقت الإسلام، وزوجها باق على النصرانية، فهل تبقى معه؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.