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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The validity of marriage contracts among disbelievers and the ruling when one of the spouses embraces Islam

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Question:
Honorable Shaykh, he says: If the husband and wife are both disbelievers, what is the validity of the contract in these cases? First, if the husband embraces Islam without his wife. Second, if the wife embraces Islam without her husband. Third, if they both embrace Islam.

Answer:
The contracts of disbelievers are valid; if they marry, their marriage is valid, and if they embrace Islam, they remain on their contract. This is because the Prophet (peace and blessings be upon him) used to accept the contracts of disbelievers and did not separate them, because the contract, when it is issued while they are all disbelievers, is a valid contract. Allah, Glorified and Exalted is He, called the wife of Pharaoh his wife while he was a disbeliever, and He said:
And his wife [as well] - the carrier of firewood.وَامْرَأَتُهُ حَمَّالَةَ الْحَطَبِ
[Al-Masad 111:4]
the wife of Abu Lahab, so He called her his wife even though they were disbelievers. Therefore, the contracts of disbelievers among themselves are a record, and if they all embrace Islam, they acknowledge it and they are not separated. As for if the woman embraces Islam and the husband does not, then they are separated and she remains in the waiting period. If he embraces Islam while she is in the waiting period, she is his, because this separation is not a major separation. So if he embraces Islam while she is in the waiting period, she returns to him, like a revocable divorce. If the waiting period ends and he has not embraced Islam, she is separated from him, and she does not become lawful to him if he embraces Islam except with a new contract. This is if the wife embraces Islam before the husband. As for if the husband embraces Islam before the wife, then they are also separated, because he is a Muslim and she is a disbeliever, unless she is a People of the Book. If she is a disbeliever from the People of the Book, a Jew or a Christian, and he embraces Islam, they remain on their contract, because Allah permitted the Muslim to marry a Jewish or Christian woman initially, as well as to continue the marriage if he embraces Islam and she has not, and she is a Jew or a Christian. As for if she is neither Jewish nor Christian, then they are separated. If she embraces Islam, a new contract is made for them if they wish to return to each other.

The presenter:
May Allah reward you

Question:
Honorable Shaykh, this questioner says:

Answer:
This is mentioned in the books of Islamic jurisprudence regarding the marriages of disbelievers, yes.
Source 75-اللقاء الأسبوعي مع الشيخ صالح الفوزان - 12 — archive.org (25:24)

The Arabic text is a machine transcription of the audio recording.

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