What is the ruling on a man who was a disbeliever and then embraced Islam, and who was married to a woman without a marriage contract, and has children with her?
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The questioner : This man saysThe questioner : that, may Allah protect us from it, he was a disbeliever and then he embraced Islam, praise be to Allah.
The Shaykh : Praise be to Allah.
The questioner : and he married a woman before his Islam
The Shaykh : and he married, he married
The questioner : a woman
The Shaykh : Very well.
The questioner : and he married a woman without a contract, and now he has children with her who have grown up, praise be to Allah, and he is forty-five years old.
The Shaykh : Yes, the scholars, may Allah have mercy on them, say that if a man embraces Islam and he had married a woman without a valid Islamic marriage contract, but they considered it a marriage, then it is obligatory for the wife to remain with him, except if she is not lawful for him in that state. For example, if he was a Zoroastrian, and a Zoroastrian believes that it is permissible to marry a close relative, meaning a Zoroastrian believes it is permissible to marry his mother, or his daughter, or his sister. So if it happens that a Zoroastrian married his sister and then embraced Islam, then it is obligatory to separate them, because is the woman now lawful for him or not? She is not lawful. But if he married her with a non-Islamic contract, but they considered it a marriage, then they remain in their marriage. For this reason, the Prophet (peace and blessings be upon him) approved the marriages of the Muslims who embraced Islam; he approved their marriages and did not annul the marriage of any of them. Yes.
The questioner : May Allah reward you with good.
The Shaykh : Praise be to Allah.
The questioner : and he married a woman before his Islam
The Shaykh : and he married, he married
The questioner : a woman
The Shaykh : Very well.
The questioner : and he married a woman without a contract, and now he has children with her who have grown up, praise be to Allah, and he is forty-five years old.
The Shaykh : Yes, the scholars, may Allah have mercy on them, say that if a man embraces Islam and he had married a woman without a valid Islamic marriage contract, but they considered it a marriage, then it is obligatory for the wife to remain with him, except if she is not lawful for him in that state. For example, if he was a Zoroastrian, and a Zoroastrian believes that it is permissible to marry a close relative, meaning a Zoroastrian believes it is permissible to marry his mother, or his daughter, or his sister. So if it happens that a Zoroastrian married his sister and then embraced Islam, then it is obligatory to separate them, because is the woman now lawful for him or not? She is not lawful. But if he married her with a non-Islamic contract, but they considered it a marriage, then they remain in their marriage. For this reason, the Prophet (peace and blessings be upon him) approved the marriages of the Muslims who embraced Islam; he approved their marriages and did not annul the marriage of any of them. Yes.
The questioner : May Allah reward you with good.