And if a man of war has intercourse with a woman of war, and they both embrace Islam, and they believed it to be a marriage, it is confirmed; otherwise, it is annulled. And whenever the mahr is valid, she takes it; and if it is defective and she has received it, it remains. And if
Machine translationRead the Arabic original
The Shaykh : The Shaykh said: "And if a man of war has intercourse with a woman of war, and they both embrace Islam, and they believed it to be a marriage, it is confirmed; otherwise, it is annulled" This is a branch of what came before. This is a branch of what came before: if a man of war has intercourse with a woman of war, and they believed it to be a marriage, and then they both embrace Islam, and they believed it to be a marriage, it is confirmed. This is where there is a contract. This is a case where a disbelieving man took a woman as a concubine, which they call a girlfriend nowadays, and he had intercourse with her, and he believed that to be a marriage. Then they both embraced Islam. Do we confirm their marriage or not? We do not confirm it, because they believed that this was a marriage with his girlfriend, and he had intercourse with her, so she became his wife. We confirm it. If, however, he had intercourse with her while believing that she was not his wife but his mistress, and then they both embraced Islam, they are separated, because this is not based on a valid contract. And whenever the mahr is valid, she takes it. This means in the issue where a disbeliever embraces Islam and he had specified a mahr: whenever the mahr is valid, she takes it. And if it is defective and she has received it, it also remains. And if it is defective and she has not received it and no amount was specified, the mahr of the like is prescribed for her, because a marriage must have a mahr, either the specified mahr if it was specified, or the mahr of the like. Yes.
