Renewing the marriage contract for one who contracted it in shirk (associating partners with Allah) and then repented
Machine translationRead the Arabic original
The questioner:
A young man married while he was a Muslim who worked on graves, then he became a monotheist, and his wife is... The new key part. A man who was a grave-tender from among those who circle the graves and call upon them besides Allah the Exalted, then he contracted marriage with his cousin’s daughter in a shighar marriage, then he repented to Allah and became one of the monotheists. Does he renew that contract or not?
The Shaykh:
If he contracted marriage with her while he was a polytheist, and she is a Muslim, the contract is invalid, yes. They are all... And if both are upon shirk (associating partners with Allah), the contract is valid if it was not shighar, but if it was shighar, it is not valid.
Another questioner:
They all became monotheists, O Shaykh.
The Shaykh:
Renew the marriage. They married her while they were upon shirk. Yes. Yes.
Another questioner:
Yes, they married upon shirk, all of them.
The Shaykh:
It may be said that the Messenger (peace and blessings be upon him) accepted the marriages of the polytheists when they became Muslims; he did not look into them (peace and blessings be upon him). So if they were polytheists, their marriages are accepted, yes.
Another questioner:
And if he does not pray.
The Shaykh:
It is not permissible for him to marry a Muslim woman.
Another questioner:
He married and had children.
The Shaykh:
Renew the marriage, renew the marriage, and as for his children, no.
Another questioner:
Her children are her children.
The Shaykh:
They intercede for them, but he should begin with the marriage after his repentance. We ask Allah for guidance for us and for him. Yes.
A young man married while he was a Muslim who worked on graves, then he became a monotheist, and his wife is... The new key part. A man who was a grave-tender from among those who circle the graves and call upon them besides Allah the Exalted, then he contracted marriage with his cousin’s daughter in a shighar marriage, then he repented to Allah and became one of the monotheists. Does he renew that contract or not?
The Shaykh:
If he contracted marriage with her while he was a polytheist, and she is a Muslim, the contract is invalid, yes. They are all... And if both are upon shirk (associating partners with Allah), the contract is valid if it was not shighar, but if it was shighar, it is not valid.
Another questioner:
They all became monotheists, O Shaykh.
The Shaykh:
Renew the marriage. They married her while they were upon shirk. Yes. Yes.
Another questioner:
Yes, they married upon shirk, all of them.
The Shaykh:
It may be said that the Messenger (peace and blessings be upon him) accepted the marriages of the polytheists when they became Muslims; he did not look into them (peace and blessings be upon him). So if they were polytheists, their marriages are accepted, yes.
Another questioner:
And if he does not pray.
The Shaykh:
It is not permissible for him to marry a Muslim woman.
Another questioner:
He married and had children.
The Shaykh:
Renew the marriage, renew the marriage, and as for his children, no.
Another questioner:
Her children are her children.
The Shaykh:
They intercede for them, but he should begin with the marriage after his repentance. We ask Allah for guidance for us and for him. Yes.
Source
فتاوى الحج ١٤١٠ هـ - ١٨ — archive.org (6:40)
The Arabic text is a machine transcription of the audio recording.
