The Marriage Contract Before Tawhid and the Ruling on Renewing It

The questioner:
Is it expected in the case of a marriage by shighar, which is like you, where he used to work with graves and then became a monotheist, he and his wife? Does he renew the marriage contract or not? A man was a polytheist, one of those who deal with graves, who circumambulate graves and call upon them besides Allah the Exalted. Then he contracted marriage with his cousin’s daughter through shighar. 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 was a Muslim, the contract is invalid. If they were all upon shirk, the contract is valid if it was with shighar. As for if it was shighar, it is not valid.

The questioner:
They all became monotheists, O Shaykh.

The Shaykh:
Renew the marriage.

The questioner:
And they married her while they were all upon shirk with her?

The Shaykh:
Yes. Yes.

The questioner:
Yes, we married her and she was upon... The Shaykh: All of them.

The Shaykh:
It may be said that the Messenger (peace and blessings be upon him) accepted the marriages of the polytheists. As for when they became Muslims, the Messenger did not look into this. So if they were polytheists, he accepted their marriages. 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 it. His children are valid for him.

Another questioner:
Her children are her children.

The Shaykh:
We mentioned it, but he renews the marriage after his repentance. We ask Allah for guidance for us and for him. Yes.