The Ruling on Renewing the Marriage Contract After Repentance from Associating Partners with Allah

The questioner:
A young man got married while he was like you, working on graves, and then he and his wife became monotheists. Does he have to renew the marriage contract or not?

The Shaykh:
Praise be to Allah.

Another questioner:
A man was one of the grave-tenders who circled around the graves and called upon them instead of Allah. Then he contracted a marriage with his cousin’s daughter in a shighar (exchange) marriage. Afterwards, he repented to Allah and became one of the monotheists. Does he have to renew that contract or not?

The Shaykh:
If he contracted the marriage while he was a polytheist, and she is a Muslim, the contract is invalid. All of them are excluded. If they were all upon shirk (associating partners with Allah), the contract is valid, provided it was not a shighar (exchange) marriage. As for if it was a shighar (exchange) marriage, it is not valid.

The questioner:
You all become monotheists.

The Shaykh:
Renew the marriage. They married her while they were all upon shirk (associating partners with Allah).

The questioner:
Yes, they married while they were all upon shirk (associating partners with Allah).

The Shaykh:
It may be said that the Messenger (peace and blessings be upon him) approved the marriages of the polytheists when they embraced Islam; he (peace and blessings be upon him) did not look into them. So if they were polytheists, he approved 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:
He renews the marriage contract, and his children are his.

Another questioner:
Her children are her children.

The Shaykh:
They intercede for her, but he renews the marriage contract after his repentance. We ask Allah for guidance for us and for him. Yes.