If the Wife Converts to Islam Before the Husband
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The first question of Fatwa No. ( 784 )
Q1: A Christian woman married a Christian man, then she converted to Islam and he did not. They are both advanced in age, and there is no sexual relationship between them. Is it permissible for her to remain with her husband, or is the contract annulled? What is her waiting period, what is the ruling on the mahr, and is it permissible for him to take her back if he converts to Islam?
A1: If a Christian woman converts to Islam while she is the wife of a Christian man, the marriage contract is annulled, and she must return to him what she took from him of the mahr; for Allah the Exalted said:[Al-Mumtahanah 60:10] Accordingly, it is not permissible for her to remain with him, even if they are both advanced in age and have no sexual relationship between them. She must observe the waiting period of a divorced woman, as a precaution, for three months, because she is past the age of menstruation. Allah the Exalted said: [At-Talaq 65:4] It is permissible for him to take her back if he converts to Islam before she marries another man, with a new contract, if her waiting period has ended; She had converted to Islam years before him, and she had not married after her conversion until he converted. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: A Christian woman married a Christian man, then she converted to Islam and he did not. They are both advanced in age, and there is no sexual relationship between them. Is it permissible for her to remain with her husband, or is the contract annulled? What is her waiting period, what is the ruling on the mahr, and is it permissible for him to take her back if he converts to Islam?
A1: If a Christian woman converts to Islam while she is the wife of a Christian man, the marriage contract is annulled, and she must return to him what she took from him of the mahr; for 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. But give the disbelievers what they have spent
فَإِنْ عَلِمْتُمُوهُنَّ مُؤْمِنَاتٍ فَلا تَرْجِعُوهُنَّ إِلَى الْكُفَّارِ لاَ هُنَّ حِلٌّ لَهُمْ وَلاَ هُمْ يَحِلُّونَ لَهُنَّ وَآتُوهُمْ مَا أَنْفَقُواAnd those who no longer expect menstruation among your women - if you doubt, then their period is three months
وَاللائِي يَئِسْنَ مِنَ الْمَحِيضِ مِنْ نِسَائِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلاثَةُ أَشْهُرٍBecause the Prophet (peace and blessings be upon him) returned his daughter Zaynab to her husband when he converted to Islam.
لأن النبي -صلى الله عليه وسلم- رد بنته زينب على زوجها حينما أسلم
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.