It is forbidden for a woman who has embraced Islam to remain in the marriage bond of a disbeliever
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Fatwa number ( 20663 )
Q: Women who wish to embrace Islam are referred to the office, and they are married
to non-Muslims. It is well known that it is forbidden for a Muslim woman to remain with a disbelieving husband. Do you inform her of this ruling before she pronounces the testimony of faith, or after? Especially since her knowledge of this ruling may lead to her hesitation in accepting Islam or in apostatizing from it, depending on when she is informed. What is the Shari'ah's opinion of one who says she should not be informed at all, or that it should be delayed until her Islam is established, arguing that it is forbidden for a Muslim woman to remain with another husband, and that her apostasy from Islam or her refusal of it is disbelief? Thus, she would commit the lesser of two harms, which in this case is the Muslim woman remaining with her disbelieving husband, in order to avert her apostasy or her turning away from accepting Islam. I hope Your Eminence will be generous in clarifying the Shari'ah ruling in this matter.
A: If a woman embraces Islam while she is in the marriage bond of a disbeliever, it is forbidden for her to remain with him; because Allah the Exalted said:[Al-Mumtahanah 60:10] She is informed that she must observe the waiting period starting from her Islam. If her husband embraces Islam while she is in the waiting period, she is returned to him. If the waiting period ends and he has not embraced Islam, she is divorced from him and becomes lawful for others. Allah will make things easy for her, as He said: [At-Talaq 65:2-3]
This is a Shari'ah ruling that must be explained and acted upon, and fear of her apostasy does not prevent this. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Women who wish to embrace Islam are referred to the office, and they are married
to non-Muslims. It is well known that it is forbidden for a Muslim woman to remain with a disbelieving husband. Do you inform her of this ruling before she pronounces the testimony of faith, or after? Especially since her knowledge of this ruling may lead to her hesitation in accepting Islam or in apostatizing from it, depending on when she is informed. What is the Shari'ah's opinion of one who says she should not be informed at all, or that it should be delayed until her Islam is established, arguing that it is forbidden for a Muslim woman to remain with another husband, and that her apostasy from Islam or her refusal of it is disbelief? Thus, she would commit the lesser of two harms, which in this case is the Muslim woman remaining with her disbelieving husband, in order to avert her apostasy or her turning away from accepting Islam. I hope Your Eminence will be generous in clarifying the Shari'ah ruling in this matter.
A: If a woman embraces Islam while she is in the marriage bond of a disbeliever, it is forbidden for her to remain with him; because Allah the Exalted said:
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 فَلا تَرْجِعُوهُنَّ إِلَى الْكُفَّارِ لاَ هُنَّ حِلٌّ لَهُمْ وَلاَ هُمْ يَحِلُّونَ لَهُنَّAnd whoever fears Allah - He will make for him a way out (3) And will provide for him from where he does not expect.
وَمَنْ يَتَّقِ اللَّهَ يَجْعَلْ لَهُ مَخْرَجًا (2) وَيَرْزُقْهُ مِنْ حَيْثُ لاَ يَحْتَسِبُThis is a Shari'ah ruling that must be explained and acted upon, and fear of her apostasy does not prevent this. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.