The ruling on the marriage of a man who has embraced Islam while his wife has not

The questioner:
May Allah reward you, Honorable Shaykh. The questioner says: If a man embraces Islam and his wife and children do not, and in some wars his wife and children are taken captive, is it better that they be among his share?

The Shaykh:
If a man embraces Islam and his wife does not, the marriage is dissolved and she remains in the waiting period ('iddah). If she embraces Islam before the waiting period is completed, she is his wife. If the waiting period ends and she has not embraced Islam, she is divorced from him and he has no relationship with her.

The questioner:
In the continuation of his question, he asks: Would his wife be a slave woman (amah) with respect to him?

The Shaykh:
It is not possible for a wife to be a slave woman. A slave woman is a slave woman, and a wife is a wife. A slave woman is held by right of ownership, while a wife is held by the marriage contract.